Rahman v Sharpe (No 1) [2012] NSWDC 48

There was no material or oral submission to justify the joinder of Mr Sharpe or Mr Howard as defendants. No order was made for the joinder of the costs assessor, and the originating process as against the first and second defendants was set aside.

Jurisdiction: Australia
Judgment Date: 05 April 2012
Procedural Posture: Interlocutory Application / Directions Hearing and Determination of Motion
Outcome: John Sharpe and James Howard are removed as defendants. The originating process as against the 1st and 2nd defendants is set aside. No order as to costs.
Legal Topics: ['costs Assessment' 'joinder of Parties' 'appeals From Costs Assessor']

['civil Procedure'] ['costs Assessment' 'joinder of Parties' 'appeals From Costs Assessor']

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

Procedural Posture

Interlocutory Application / Directions Hearing and Determination of Motion

Legal Issues

1 ['Whether it is appropriate to join the costs assessor and Manager Costs Assessment as defendants to a costs assessment appeal' 'Statutory requirements for joinder of a costs assessor in an appeal']

Ratio Decidendi

Court Disposition

John Sharpe and James Howard are removed as defendants. The originating process as against the 1st and 2nd defendants is set aside. No order as to costs.

Orders

['John Sharpe (1st Defendant) is removed as a defendant.' 'James Howard (2nd Defendant) is removed as a defendant.' 'The originating process as against the 1st and 2nd defendants is set aside.' 'No order as to costs.']