Bechara v Kobeissi [2005] NSWSC 192

Bechara v Kobeissi [2005] NSWSC 192

The certificate issued by the Costs Review Panel was set aside because the costs assessor failed to address the costs agreement and s208C, and the plaintiff was denied an opportunity to make submissions after a change of mind regarding assessment methodology. Relief was granted under s208L.

Parties
Plaintiff: Maria Bechara; Defendant: Mohammad Kobeissi
Jurisdiction
Australia
Judgment Date
24 March 2005
Procedural Posture
Appeal / Judgment
Outcome
Certificate as to determination of costs by Costs Review Panel set aside; application remitted for redetermination; costs reserved; exhibit may be returned.
Legal Topics
Appeal From Costs Assessment Review Panel, Legal Profession Act 1987, Procedural Fairness, Costs Agreement
Costs Assessment Appeal From Costs Assessment Review Panel Legal Profession Act 1987 Procedural Fairness Costs Agreement

Case Brief

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Parties

Maria Bechara

Plaintiff

Mohammad Kobeissi

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Costs Assessor erred by not considering the costs agreement and s208C of the Legal Profession Act 1987
  2. 2 Whether procedural fairness was afforded regarding opportunity to make submissions
  3. 3 Whether the Panel erred in dismissing grounds of review regarding assessment method

Ratio Decidendi

The certificate issued by the Costs Review Panel was set aside because the costs assessor failed to address the costs agreement and s208C, and the plaintiff was denied an opportunity to make submissions after a change of mind regarding assessment methodology. Relief was granted under s208L.

Court Disposition

Certificate as to determination of costs by Costs Review Panel set aside; application remitted for redetermination; costs reserved; exhibit may be returned.

Orders

  • The certificate as to determination of costs by Costs Review Panel issued on 21 October 2004 is set aside.
  • The Court remits its decision on the questions decided in this appeal and orders a redetermination of the application.