Lawrence & Anor v Shaw & Anor [2013] NSWDC 91

Lawrence & Anor v Shaw & Anor [2013] NSWDC 91

The appeal was dismissed because no error of law was identified in the decision of the Costs Review Panel; the grounds raised by the appellants concerned merits or facts, not law. The Panel and Assessor had correctly applied the applicable legal principles regarding costs assessment and the indemnity rule.

Parties
First Appellant: Mr Wayne Lawrence; Second Appellant: Minsden Pty Ltd; Respondent: Mr James Shaw; Second Respondent: Lawrence Waterhouse Pty Ltd
Jurisdiction
Australia
Judgment Date
13 June 2013
Procedural Posture
Civil Appeal / Appeal From Costs Review Panel Decision
Outcome
Appeal dismissed
Legal Topics
Costs Assessment, Costs Review Panel, Gross Sum Costs Order
Civil Procedure Costs Assessment Costs Review Panel Gross Sum Costs Order

Case Brief

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Parties

Mr Wayne Lawrence

First Appellant

Minsden Pty Ltd

Second Appellant

Mr James Shaw

Respondent

Lawrence Waterhouse Pty Ltd

Second Respondent

Procedural Posture

Civil Appeal / Appeal From Costs Review Panel Decision

Legal Issues

  1. 1 Whether the Costs Review Panel erred in law in affirming the assessment of costs
  2. 2 Application of the indemnity rule in costs assessment
  3. 3 Whether the panel failed to consider alleged errors in the costs assessment process

Ratio Decidendi

The appeal was dismissed because no error of law was identified in the decision of the Costs Review Panel; the grounds raised by the appellants concerned merits or facts, not law. The Panel and Assessor had correctly applied the applicable legal principles regarding costs assessment and the indemnity rule.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellants to pay the costs of the appeal of the respondents in the gross sum of $12,500 under s 98(4)(c) of the Civil Procedure Act 2005 (NSW)