Poole v Turner [2004] NSWSC 708

Poole v Turner [2004] NSWSC 708

The Supreme Court lacked jurisdiction to entertain the plaintiff's application for leave to appeal the costs assessor's determination, as such applications must be made to the Local Court that made the original order per the Legal Profession Act 1987 and Turner v Pride [1999] NSWSC 850.

Parties
Plaintiff: Prescilla Poole; Defendant: Shane Turner
Jurisdiction
Australia
Judgment Date
04 August 2004
Procedural Posture
Application for Leave to Appeal From Costs Assessment / Judgment on Preliminary Jurisdictional Question
Outcome
Summons dismissed; plaintiff to pay costs, with indemnity costs from 27 May 2004; exhibits to be returned.
Legal Topics
Costs Assessment, Jurisdiction, Appeal Process
Civil Procedure Costs Assessment Jurisdiction Appeal Process

Case Brief

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Parties

Prescilla Poole

Plaintiff

Shane Turner

Defendant

Procedural Posture

Application for Leave to Appeal From Costs Assessment / Judgment on Preliminary Jurisdictional Question

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction to grant leave to appeal from determination of a costs assessor in respect of costs payable under an order made by the Local Court.

Ratio Decidendi

The Supreme Court lacked jurisdiction to entertain the plaintiff's application for leave to appeal the costs assessor's determination, as such applications must be made to the Local Court that made the original order per the Legal Profession Act 1987 and Turner v Pride [1999] NSWSC 850.

Court Disposition

Summons dismissed; plaintiff to pay costs, with indemnity costs from 27 May 2004; exhibits to be returned.

Orders

  • The summons is dismissed.
  • The plaintiff to pay the costs of the summons.