Macdonald v Benjafield (Judgment No 3) [1999] NSWSC 41

Macdonald v Benjafield (Judgment No 3) [1999] NSWSC 41

The appeal was dismissed as the cost assessor was not bound in law to find that an agreement excusing the plaintiff from liability for solicitors' costs existed and there was evidence on which the cost assessor could base his decision.

Parties
Plaintiff: Neil Macdonald; Defendant: Peter Benjafield trading as Benjafield Milne & Another
Jurisdiction
Australia
Judgment Date
03 February 1999
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Cost Assessment, Solicitor Client Costs, Appeal Limited to Questions of Law
Costs Cost Assessment Solicitor Client Costs Appeal Limited to Questions of Law

Case Brief

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Parties

Neil Macdonald

Plaintiff

Peter Benjafield trading as Benjafield Milne & Another

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether an agreement existed excusing the plaintiff from liability for solicitors' costs if litigation unsuccessful
  2. 2 Whether cost assessor erred in preferring defendant's account
  3. 3 Whether appealable question of law arises

Ratio Decidendi

The appeal was dismissed as the cost assessor was not bound in law to find that an agreement excusing the plaintiff from liability for solicitors' costs existed and there was evidence on which the cost assessor could base his decision.

Court Disposition

Appeal dismissed

Orders

  • Appeal pursuant to s 208 L is dismissed