Macdonald v Benjafield (Judgment No 4) [1999] NSWSC 42

Macdonald v Benjafield (Judgment No 4) [1999] NSWSC 42

Leave to appeal was granted because the proposed appeal was confined to the factual issue whether the alleged agreement was made, rather than challenging the quantification of costs, and the September 1994 correspondence was relevant evidentiary material giving rise to serious disquiet as to whether the cost assessor took it into account and gave it the consideration required.

Jurisdiction
Australia
Judgment Date
03 February 1999
Procedural Posture
Application for Leave to Appeal Pursuant to S 208 M of the Legal Profession Act 1987 / Leave to Appeal
Outcome
Leave to appeal granted.
Legal Topics
['cost Assessment' 'leave to Appeal' "solicitors' Costs Agreement" 'evidence Before Cost Assessor']
['legal Profession' 'costs' 'civil Procedure'] ['cost Assessment' 'leave to Appeal' "solicitors' Costs Agreement" 'evidence Before Cost Assessor']

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Procedural Posture

Application for Leave to Appeal Pursuant to S 208 M of the Legal Profession Act 1987 / Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal pursuant to s 208M of the Legal Profession Act 1987 should be granted.' 'Whether the proposed appeal raised a factual issue as to whether an alleged agreement was made rather than a challenge to the quantification of costs.' 'Whether September 1994 correspondence was relevant evidentiary material that may not have been properly considered by the cost assessor.']

Ratio Decidendi

Leave to appeal was granted because the proposed appeal was confined to the factual issue whether the alleged agreement was made, rather than challenging the quantification of costs, and the September 1994 correspondence was relevant evidentiary material giving rise to serious disquiet as to whether the cost assessor took it into account and gave it the consideration required.

Court Disposition

Leave to appeal granted.

Orders

  • ["The plaintiff is to pay the defendants' costs of the appeal pursuant to s 208L." 'The costs of the application for leave to appeal pursuant to s 208M are to be costs in the appeal under s 208M.' 'The proceedings are transferred to the holding list with an estimate of one half to one day.' 'Plaintiff to file and...