Bouras v Grandelis [2004] NSWSC 1117

Bouras v Grandelis [2004] NSWSC 1117

The plaintiff failed to establish any error of law in the panel's assessment; the order was properly for solicitor/client costs, not indemnity costs; the panel's decision was within jurisdiction and a failure to give reasons does not amount to an error enabling an appeal under s208L.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 November 2004
Procedural Posture
Appeal / Judgment on Appeal Against Review Panel Determination
Outcome
Summons dismissed; plaintiff to pay the costs of the summons.
Legal Topics
['solicitor/client Costs' 'indemnity Costs' 'appeal From Costs Assessors' 'error of Law' 'reasons for Determination']
['costs Assessment' 'civil Procedure'] ['solicitor/client Costs' 'indemnity Costs' 'appeal From Costs Assessors' 'error of Law' 'reasons for Determination']

Source-derived case record

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Procedural Posture

Appeal / Judgment on Appeal Against Review Panel Determination

Legal Issues

  1. 1 ['Whether the costs order was for indemnity costs or solicitor/client costs' 'Whether error of law was made in costs assessment under the Legal Profession Act 1987' 'Whether failure to state reasons was a ground of appeal under s208L Legal Profession Act 1987']

Ratio Decidendi

The plaintiff failed to establish any error of law in the panel's assessment; the order was properly for solicitor/client costs, not indemnity costs; the panel's decision was within jurisdiction and a failure to give reasons does not amount to an error enabling an appeal under s208L.

Court Disposition

Summons dismissed; plaintiff to pay the costs of the summons.

Orders

  • ['The summons is dismissed.' 'The plaintiff is to pay the costs of the summons.']