Freeman v McNally & Anor [2003] NSWSC 780

Freeman v McNally & Anor [2003] NSWSC 780

The Costs Assessor expressly identified that the costs order was on an indemnity basis and set out Pt 39A r 13, demonstrating that the correct test was applied. The reasons sufficiently disclosed the nature of the reductions and their essential grounds, and complied with the Act and regulations. Because the assessment concerned costs payable as a result of an order, s 208A did not apply. The plaintiff did not discharge the onus of showing a matter of law warranting disturbance of the determination.

Jurisdiction
Australia
Judgment Date
26 August 2003
Procedural Posture
Appeal From Costs Assessor / Summons Challenging a Costs Assessment Determination Pursuant to S 208 L of the Legal Profession Act 1987
Outcome
The Summons is dismissed. The plaintiff is to pay the costs of the Summons.
Legal Topics
['indemnity Costs Assessment' 'appeal on a Matter of Law' "costs Assessor's Reasons" 'review by Panel' 'costs Payable as a Result of an Order']
['costs' 'civil Procedure' 'legal Profession'] ['indemnity Costs Assessment' 'appeal on a Matter of Law' "costs Assessor's Reasons" 'review by Panel' 'costs Payable as a Result of an Order']

Case Brief

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Procedural Posture

Appeal From Costs Assessor / Summons Challenging a Costs Assessment Determination Pursuant to S 208 L of the Legal Profession Act 1987

Legal Issues

  1. 1 ['Whether the Costs Assessor failed to apply the proper test in assessing indemnity costs.' "Whether the Costs Assessor's disclosure of reasoning process was inadequate." 'Whether the assessment process was restricted to disputed costs under s 208A of the Legal Profession Act 1987.']

Ratio Decidendi

The Costs Assessor expressly identified that the costs order was on an indemnity basis and set out Pt 39A r 13, demonstrating that the correct test was applied. The reasons sufficiently disclosed the nature of the reductions and their essential grounds, and complied with the Act and regulations. Because the assessment concerned costs payable as a result of an order, s 208A did not apply. The plaintiff did not discharge the onus of showing a matter of law warranting disturbance of the determination.

Court Disposition

The Summons is dismissed. The plaintiff is to pay the costs of the Summons.

Orders

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