Maureen Mary Young v Wayne Vincent Annis-Brown t/as Lincoln Smith & Company [2011] NSWSC 475

Maureen Mary Young v Wayne Vincent Annis-Brown t/as Lincoln Smith & Company [2011] NSWSC 475

Part 50.5(2) does not apply due to statutory discretion in s 208NA of the Legal Profession Act 1987, and no proper reason justifies joinder of the Costs Assessor as second defendant; the order for joinder is dismissed.

Jurisdiction
Australia
Judgment Date
24 May 2011
Procedural Posture
Interlocutory Application / Dismissal of Order for Joinder of Proposed 2nd Defendant
Outcome
Order for joinder of the Costs Assessor as second defendant is dismissed.
Legal Topics
['joinder of Parties' 'appeal Against Costs Assessment']
['practice and Procedure'] ['joinder of Parties' 'appeal Against Costs Assessment']

Case Brief

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Procedural Posture

Interlocutory Application / Dismissal of Order for Joinder of Proposed 2nd Defendant

Legal Issues

  1. 1 ['Whether Part 50.5(2) of the Uniform Civil Procedure Rules 2005 applies to require joinder of the Costs Assessor' 'Whether the Costs Assessor must or should be joined as a party under s 208NA of the Legal Profession Act 1987' 'Circumstances in which joinder should occur']

Ratio Decidendi

Part 50.5(2) does not apply due to statutory discretion in s 208NA of the Legal Profession Act 1987, and no proper reason justifies joinder of the Costs Assessor as second defendant; the order for joinder is dismissed.

Court Disposition

Order for joinder of the Costs Assessor as second defendant is dismissed.

Orders

  • ['Order 1 of the Summons dated 24 March 2011 is dismissed' 'No order as to costs']