Dean v Bryant [2016] NSWSC 1660

Dean v Bryant [2016] NSWSC 1660

Mr Dean had no standing to bring the proceedings because he was not a party to the proceedings in which the costs orders were made, no costs order was made against him, and he was not a party before the costs assessor or the Costs Review Panel. His undertaking to make assets available to Fatimi if required did not give him standing to challenge the Certificates of Determination, and Fatimi itself had instituted separate proceedings challenging those Certificates. The proceedings were therefore incompetent.

Jurisdiction
Australia
Judgment Date
24 November 2016
Procedural Posture
Equity Proceeding Seeking Orders in Relation to Certificates of Determination of Costs Assessments / Defendants' Notice of Motion Seeking an Order That the Plaintiff Has No Standing And/or That the Proceeding Is an Abuse of Process
Outcome
Proceedings dismissed with costs
Legal Topics
['standing to Bring Proceedings' 'costs Assessments' 'costs Review Panel Certificates of Determination' 'appeals on Costs Assessment Decisions' 'abuse of Process']
['practice and Procedure' 'costs' 'legal Profession'] ['standing to Bring Proceedings' 'costs Assessments' 'costs Review Panel Certificates of Determination' 'appeals on Costs Assessment Decisions' 'abuse of Process']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Proceeding Seeking Orders in Relation to Certificates of Determination of Costs Assessments / Defendants' Notice of Motion Seeking an Order That the Plaintiff Has No Standing And/or That the Proceeding Is an Abuse of Process

Legal Issues

  1. 1 ['Whether Mr Dean had standing to challenge Certificates of Determination concerning costs payable by Fatimi Pty Limited when he was not a party to the underlying proceedings, costs orders, costs assessment, or Costs Review Panel review.' "Whether Mr Dean's undertaking to the Court in earlier proceedings gave him standing to challenge the Certificates of Determination." 'Whether the proceedings were incompetent.']

Ratio Decidendi

Mr Dean had no standing to bring the proceedings because he was not a party to the proceedings in which the costs orders were made, no costs order was made against him, and he was not a party before the costs assessor or the Costs Review Panel. His undertaking to make assets available to Fatimi if required did not give him standing to challenge the Certificates of Determination, and Fatimi itself had instituted separate proceedings challenging those Certificates. The proceedings were therefore incompetent.

Court Disposition

Proceedings dismissed with costs

Orders

  • ['The summons of 2 March 2016 be dismissed with costs.']