Michelle Lo & Anor v James Saville Irevach & Anor [2007] NSWSC 1166

Michelle Lo & Anor v James Saville Irevach & Anor [2007] NSWSC 1166

The plaintiffs' contention was misconceived because Part 52 r9A did not apply merely because a decision was alleged to be interlocutory, and in any event each of the two earlier proceedings had been finally dismissed with costs. The successful defendants were therefore entitled to pursue assessment so that the costs...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 October 2007
Procedural Posture
Appeal by Summons Concerning Costs Assessment Determinations / Final Judgment on the Summons
Outcome
The Summons is dismissed. The plaintiff is to pay the costs of the Summons.
Legal Topics
['enforcement of Costs Orders' 'costs Assessment' 'construction of Court Rules' 'interlocutory and Final Decisions']
['civil Procedure' 'costs'] ['enforcement of Costs Orders' 'costs Assessment' 'construction of Court Rules' 'interlocutory and Final Decisions']

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Procedural Posture

Appeal by Summons Concerning Costs Assessment Determinations / Final Judgment on the Summons

Legal Issues

  1. 1 ['Whether the costs orders made in the earlier proceedings were subject to Supreme Court Rules 1970 (NSW) Part 52 r9A because the decisions were said to be interlocutory.' "Whether the costs assessor's determination and the Costs Assessment Review Panel's affirmation should be set aside."]

Ratio Decidendi

The plaintiffs' contention was misconceived because Part 52 r9A did not apply merely because a decision was alleged to be interlocutory, and in any event each of the two earlier proceedings had been finally dismissed with costs. The successful defendants were therefore entitled to pursue assessment so that the costs orders could be quantified.

Court Disposition

The Summons is dismissed. The plaintiff is to pay the costs of the Summons.

Orders

  • ['The Summons is dismissed.' 'The plaintiff is to pay the costs of the Summons.']