VAUGHAN v DRIVER [1999] NSWSC 680

VAUGHAN v DRIVER [1999] NSWSC 680

The plaintiff failed to demonstrate either an error of law or any basis justifying relief. The alleged agreement limiting fees could not be substantiated, and the Costs Assessor's determination was correct.

Parties
Plaintiff: Michael John Vaughan; Defendant: Robert Fulton Driver
Jurisdiction
Australia
Judgment Date
07 July 1999
Procedural Posture
Application for Extension of Time and for Leave to Appeal Against Determination of Costs Assessor / Judgment
Outcome
proceedings dismissed
Legal Topics
Costs Assessment, Extension of Time, Leave to Appeal
Civil Procedure Costs Assessment Extension of Time Leave to Appeal

Case Brief

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Parties

Michael John Vaughan

Plaintiff

Robert Fulton Driver

Defendant

Procedural Posture

Application for Extension of Time and for Leave to Appeal Against Determination of Costs Assessor / Judgment

Legal Issues

  1. 1 whether an extension of time and leave to appeal against a determination of a Costs Assessor should be granted
  2. 2 whether there was an agreement limiting barrister's fees to $3,000

Ratio Decidendi

The plaintiff failed to demonstrate either an error of law or any basis justifying relief. The alleged agreement limiting fees could not be substantiated, and the Costs Assessor's determination was correct.

Court Disposition

proceedings dismissed

Orders

  • plaintiff to pay the costs of the proceedings
  • exhibits to be returned