Ashton v Pratt (Costs) [2012] NSWSC 19

Ashton v Pratt (Costs) [2012] NSWSC 19

The court found that the issues raised by the plaintiff concerning exclusion of specific costs were matters for the costs assessor to determine, not issues appropriate for the court to resolve at this stage.

Jurisdiction
Australia
Judgment Date
01 March 2012
Procedural Posture
Costs Application / Post Trial Costs Determination
Outcome
Application to vary the costs order refused; original order stands.
Legal Topics
['exclusion of Particular Costs Components' 'assessment by Costs Assessor' 'role of Court Versus Assessor in Costs Matters']
['costs'] ['exclusion of Particular Costs Components' 'assessment by Costs Assessor' 'role of Court Versus Assessor in Costs Matters']

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Procedural Posture

Costs Application / Post Trial Costs Determination

Legal Issues

  1. 1 ['Whether specific components should be excluded from a general costs order' 'Whether the court or a costs assessor should decide on the exclusion of certain costs']

Ratio Decidendi

The court found that the issues raised by the plaintiff concerning exclusion of specific costs were matters for the costs assessor to determine, not issues appropriate for the court to resolve at this stage.

Court Disposition

Application to vary the costs order refused; original order stands.

Orders

  • ['No variation of the provisional costs order.' 'Judgment for the defendant with costs as previously ordered.']