Forman & Anor v Rattray [2006] NSWSC 260

Forman & Anor v Rattray [2006] NSWSC 260

The Panel and the costs assessor were correct in determining that approval of the Legal Aid Commission under s41 was given, dissolving the prohibition on recovering costs from the defendant. The Panel considered all relevant submissions, and no error of law or denial of natural justice was shown within the scope of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 April 2006
Procedural Posture
Costs Assessment Challenge / Summons to Supreme Court Under Legal Profession Act 2004 Ss384, 385
Outcome
The summons is dismissed; the plaintiffs are to pay the costs of the summons; the exhibits may be returned.
Legal Topics
['costs Assessment' 'role of Legal Aid Commission Approval' 'right of Review Under Legal Profession Act' 'denial of Natural Justice' 'error of Law']
['costs' 'legal Profession'] ['costs Assessment' 'role of Legal Aid Commission Approval' 'right of Review Under Legal Profession Act' 'denial of Natural Justice' 'error of Law']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Assessment Challenge / Summons to Supreme Court Under Legal Profession Act 2004 Ss384, 385

Legal Issues

  1. 1 ['Whether the Panel erred in law in affirming costs in excess of the Legal Aid Commission grant contrary to Legal Aid Commission Act 1979 s41' "Whether the Panel failed to address plaintiffs' submissions amounting to denial of natural justice" 'Whether the Panel erred in considering fees for counsel and expert witnesses']

Ratio Decidendi

The Panel and the costs assessor were correct in determining that approval of the Legal Aid Commission under s41 was given, dissolving the prohibition on recovering costs from the defendant. The Panel considered all relevant submissions, and no error of law or denial of natural justice was shown within the scope of s384 of the Legal Profession Act 2004. The plaintiffs failed to demonstrate an error justifying intervention or leave to appeal.

Court Disposition

The summons is dismissed; the plaintiffs are to pay the costs of the summons; the exhibits may be returned.

Orders

  • ['The summons is dismissed.' 'The plaintiffs are to pay the costs of the summons.' 'The exhibits may be returned.']