Christopoulos v Angelos [2005] NSWSC 1029

Christopoulos v Angelos [2005] NSWSC 1029

The plaintiffs failed to bring their challenge to the costs assessment within time, did not provide grounds for their challenge as required by court rules, and did not provide a satisfactory explanation for delay or default; in any event, no merit to the challenge was demonstrated and any relief sought was either unavailable in this court or without utility.

Jurisdiction
Australia
Judgment Date
19 October 2005
Procedural Posture
Summons / Application for Extension of Time and Challenge to Costs Assessment
Outcome
Summons dismissed; plaintiffs to pay the costs of the proceedings.
Legal Topics
['costs Assessment' 'extension of Time' 'judgment Enforcement' 'appeal Out of Time']

Case Brief

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Procedural Posture

Summons / Application for Extension of Time and Challenge to Costs Assessment

  1. 1 ['Whether the plaintiffs should be granted an extension of time to appeal the costs assessment' 'Whether the challenge to the costs assessor’s determination should succeed' 'Whether an itemised bill of costs should be furnished']

Ratio Decidendi

The plaintiffs failed to bring their challenge to the costs assessment within time, did not provide grounds for their challenge as required by court rules, and did not provide a satisfactory explanation for delay or default; in any event, no merit to the challenge was demonstrated and any relief sought was either unavailable in this court or without utility.

Court Disposition

Summons dismissed; plaintiffs to pay the costs of the proceedings.

Orders

  • ['The summons is dismissed.' 'The plaintiffs are to pay the costs of the summons.']