Santo v Childs Family Kindergarten Limited & Anor [2007] NSWLEC 117

Santo v Childs Family Kindergarten Limited & Anor [2007] NSWLEC 117

The application was premature; there was insufficient reason to limit the costs assessor's discretion, and the statutory process should proceed before any Court intervention in assessment methodology.

Jurisdiction
Australia
Judgment Date
29 January 2007
Procedural Posture
Costs Application / Post Judgment Costs Hearing
Outcome
Costs ordered; application for limiting costs assessor's discretion refused.
Legal Topics
['costs Assessment' 'party/party Costs' 'discretion of Costs Assessor']
['civil Procedure'] ['costs Assessment' 'party/party Costs' 'discretion of Costs Assessor']

Case Brief

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Procedural Posture

Costs Application / Post Judgment Costs Hearing

Legal Issues

  1. 1 ["Whether the costs order should limit the costs assessor's discretion to award costs for undertaking a costs assessment"]

Ratio Decidendi

The application was premature; there was insufficient reason to limit the costs assessor's discretion, and the statutory process should proceed before any Court intervention in assessment methodology.

Court Disposition

Costs ordered; application for limiting costs assessor's discretion refused.

Orders

  • ["The First Respondent pay the Applicants' reasonable costs of and incidental to the proceedings as agreed or assessed, except the costs of and incidental to the hearing on costs on 29 January 2007, in relation to which the Applicants shall pay the costs of the First Respondent as agreed or assessed."]