Dunbier v Smith & Anor [2000] NSWSC 51

Dunbier v Smith & Anor [2000] NSWSC 51

The costs assessor did not err in law in accepting the defendants' uncontested evidence as to the terms of the retainer, finding that there was no agreement entitling the plaintiff to costs beyond out-of-pocket expenses, and was entitled to reach this view given the plaintiff's failure to respond or supply an alternative version. Natural justice was not denied.

Parties
Plaintiff: Ronald Ashley Dunbier; First Defendant: David John Smith; Second Defendant: Annette Clare Smith
Jurisdiction
Australia
Judgment Date
21 February 2000
Procedural Posture
Appeal Against Costs Assessor / Judgment
Outcome
Appeal dismissed; leave to appeal refused; plaintiff to pay defendants' costs.
Legal Topics
Solicitor Client Costs, Retainer, Natural Justice, Appeal Procedure
Costs Assessment Legal Profession Solicitor Client Costs Retainer Natural Justice Appeal Procedure

Case Brief

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Parties

Ronald Ashley Dunbier

Plaintiff

David John Smith

First Defendant

Annette Clare Smith

Second Defendant

Procedural Posture

Appeal Against Costs Assessor / Judgment

Legal Issues

  1. 1 Whether the costs assessor erred in law in finding no retainer entitling the plaintiff to costs
  2. 2 Whether there was a denial of natural justice to the plaintiff
  3. 3 Whether out-of-pocket expenses and disbursements should have been allowed

Ratio Decidendi

The costs assessor did not err in law in accepting the defendants' uncontested evidence as to the terms of the retainer, finding that there was no agreement entitling the plaintiff to costs beyond out-of-pocket expenses, and was entitled to reach this view given the plaintiff's failure to respond or supply an alternative version. Natural justice was not denied.

Court Disposition

Appeal dismissed; leave to appeal refused; plaintiff to pay defendants' costs.

Orders

  • The appeal is dismissed.
  • Leave to appeal is refused.