Boylan Nominees Pty Ltd v Williams Refrigeration Australia Pty Ltd [2006] NSWCA 100

Boylan Nominees Pty Ltd v Williams Refrigeration Australia Pty Ltd [2006] NSWCA 100

The costs cap in Division 5B of the Legal Profession Act 1987 does not apply to costs incurred by a cross-defendant in a contribution claim, as such a cross-defendant is not a 'defendant' for the purposes of s198C(1), nor are the legal services provided to them in connection with the plaintiff's claim for personal injury damages. Further, where a plaintiff does not recover any amount, s198D does not impose any restriction on costs recovered by parties to the proceedings.

Parties
Claimant: Boylan Nominees Pty Ltd; Opponent: Williams Refrigeration Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
30 May 2006
Procedural Posture
Civil Appeal / Court of Appeal (decision on Leave to Appeal and Substantive Appeal)
Outcome
Leave to appeal granted upon condition; appeal dismissed; claimant to pay opponent's costs.
Legal Topics
Negligence, Damages, Contribution, Costs, Statutory Construction, Legal Services, Cross Claim, Definition of Defendant
Personal Injury Civil Procedure Legal Profession Negligence Damages Contribution Costs Statutory Construction +3 more

Case Brief

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Parties

Boylan Nominees Pty Ltd

Claimant

Williams Refrigeration Australia Pty Ltd

Opponent

Procedural Posture

Civil Appeal / Court of Appeal (decision on Leave to Appeal and Substantive Appeal)

Legal Issues

  1. 1 Whether a cross-defendant is a 'defendant' for the purposes of s198C of the Legal Profession Act 1987
  2. 2 Whether legal services provided to a cross-defendant are provided 'in connection with' a claim for personal injury damages for the purposes of s198D
  3. 3 Whether the costs cap in Division 5B applies to cross-defendant's costs

Ratio Decidendi

The costs cap in Division 5B of the Legal Profession Act 1987 does not apply to costs incurred by a cross-defendant in a contribution claim, as such a cross-defendant is not a 'defendant' for the purposes of s198C(1), nor are the legal services provided to them in connection with the plaintiff's claim for personal injury damages. Further, where a plaintiff does not recover any amount, s198D does not impose any restriction on costs recovered by parties to the proceedings.

Court Disposition

Leave to appeal granted upon condition; appeal dismissed; claimant to pay opponent's costs.

Orders

  • Leave to appeal granted upon condition that the claimant file its notice of appeal within seven days of the date hereof
  • Appeal dismissed