Schaeffer & Anor v Schaeffer [1999] NSWSC 834

Schaeffer & Anor v Schaeffer [1999] NSWSC 834

Leave to appeal is refused as there is no obvious error on the face of the record and no substantial injustice to the appellant if the assessor's decision stands.

Parties
First Plaintiff: Nigel Robert Schaeffer; Second Plaintiff: TCN Glenowen Pty Limited; Defendant: Noel Frederick Schaeffer
Jurisdiction
Australia
Judgment Date
18 August 1999
Procedural Posture
Application for Leave to Appeal Decision of Costs Assessor / Determination of Leave to Appeal
Outcome
Leave to appeal refused; summons dismissed; appellant to pay respondent's costs.
Legal Topics
Costs Assessment, Leave to Appeal, Party/party Costs
Civil Procedure Costs Assessment Leave to Appeal Party/party Costs

Case Brief

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Parties

Nigel Robert Schaeffer

First Plaintiff

TCN Glenowen Pty Limited

Second Plaintiff

Noel Frederick Schaeffer

Defendant

Procedural Posture

Application for Leave to Appeal Decision of Costs Assessor / Determination of Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against the decision of the costs assessor under s 208M of the Legal Profession Act 1987 (NSW)

Ratio Decidendi

Leave to appeal is refused as there is no obvious error on the face of the record and no substantial injustice to the appellant if the assessor's decision stands.

Court Disposition

Leave to appeal refused; summons dismissed; appellant to pay respondent's costs.

Orders

  • Leave to appeal is refused.
  • The summons filed 1 March 1999 is dismissed.