Foundas v Wright Lawyers P/L [2020] NSWSC 354

Foundas v Wright Lawyers P/L [2020] NSWSC 354

Leave was granted because the defendant consented and because assessment by an experienced costs assessor was preferable to consuming Local Court resources, but the plaintiff's application otherwise had no intrinsic merit: the delay was exceptional, there was no satisfactory explanation, and the plaintiff had been clearly advised by the defendant and the Legal Services Commissioner about the costs assessment process and the 12-month limit. The defendant had acted reasonably and should not bear costs generated by the plaintiff's unreasonable delay, so costs of the summons were awarded to the defendant on an ordinary basis.

Jurisdiction
Australia
Judgment Date
03 April 2020
Procedural Posture
Civil Leave Application for Leave to Apply Out of Time for Costs Assessment / Summons and Determination of Defendant's Costs Application on the Papers
Outcome
Leave granted to the plaintiff to apply out of time for costs assessment; costs of the summons awarded to the defendant on an ordinary basis.
Legal Topics
['supreme Court Costs Assessment Scheme' 'assessment of Legal Costs' 'extension of Time' 'costs of Summons' 'unrepresented Litigant']
['civil Procedure' 'legal Costs'] ['supreme Court Costs Assessment Scheme' 'assessment of Legal Costs' 'extension of Time' 'costs of Summons' 'unrepresented Litigant']

Case Brief

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Procedural Posture

Civil Leave Application for Leave to Apply Out of Time for Costs Assessment / Summons and Determination of Defendant's Costs Application on the Papers

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to apply out of time to the Manager, Costs Assessment for assessment of legal costs invoiced by Wright Lawyers Pty Ltd.' 'Whether the defendant should have its costs of the summons despite consenting to the grant of leave.']

Ratio Decidendi

Leave was granted because the defendant consented and because assessment by an experienced costs assessor was preferable to consuming Local Court resources, but the plaintiff's application otherwise had no intrinsic merit: the delay was exceptional, there was no satisfactory explanation, and the plaintiff had been clearly advised by the defendant and the Legal Services Commissioner about the costs assessment process and the 12-month limit. The defendant had acted reasonably and should not bear costs generated by the plaintiff's unreasonable delay, so costs of the summons were awarded to the defendant on an ordinary basis.

Court Disposition

Leave granted to the plaintiff to apply out of time for costs assessment; costs of the summons awarded to the defendant on an ordinary basis.

Orders

  • ['Grant leave to the plaintiff to apply out of time to the Manager, Costs Assessment for an assessment of the whole of the legal costs invoiced by Wright Lawyers Pty Ltd, such application for assessment to be made by 4pm on 20 March 2020.' "Reasons reserved pending determination of defendant's application for...