Coshott v Spencer [2016] NSWDC 43

Coshott v Spencer [2016] NSWDC 43

The summons was dismissed because the Manager, Costs Assessment did not determine that the plaintiff was a third party payer and had no statutory role to finally determine that issue; the Costs Assessor had power to consider and determine the plaintiff's standing in the costs assessment. The parties had been given a reasonable opportunity to make submissions and provide documents, and the Costs Assessor's change of view after considering the legislation, authorities and correspondence did not amount to denial of procedural fairness. The plaintiff did not show that he was under a legal obligation to pay the legal costs within s 302A, and therefore was not a third party payer with standing...

Jurisdiction
Australia
Judgment Date
08 April 2016
Procedural Posture
Appeal Under S 384 Legal Profession Act 2004 (nsw) From Dismissal of an Application for Costs Assessment / Principal Judgment After Hearing
Outcome
Summons dismissed; plaintiff to pay defendant's costs.
Legal Topics
['costs Assessment' 'third Party Payer' 'powers of Costs Assessor and Manager, Costs Assessment' 'procedural Fairness' 'natural Justice' 'time Limits for Costs Assessment Applications']
['costs' 'legal Profession' 'administrative Law'] ['costs Assessment' 'third Party Payer' 'powers of Costs Assessor and Manager, Costs Assessment' 'procedural Fairness' 'natural Justice' 'time Limits for Costs Assessment Applications']

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

Appeal Under S 384 Legal Profession Act 2004 (nsw) From Dismissal of an Application for Costs Assessment / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Costs Assessor had power to determine whether the plaintiff was a third party payer, or whether that issue had been determined by the Manager, Costs Assessment under s 357 of the Legal Profession Act 2004 (NSW).' 'Whether the Costs Assessor failed to give the plaintiff a reasonable opportunity to make written submissions contrary to s 359 of the Legal Profession Act 2004 (NSW).' 'Whether the Costs Assessor denied natural justice by changing her view and dismissing the application on the basis that the plaintiff was not a third party payer.' 'Whether the plaintiff was a third party payer within s 302A of the Legal Profession Act 2004 (NSW).']

Ratio Decidendi

The summons was dismissed because the Manager, Costs Assessment did not determine that the plaintiff was a third party payer and had no statutory role to finally determine that issue; the Costs Assessor had power to consider and determine the plaintiff's standing in the costs assessment. The parties had been given a reasonable opportunity to make submissions and provide documents, and the Costs Assessor's change of view after considering the legislation, authorities and correspondence did not amount to denial of procedural fairness. The plaintiff did not show that he was under a legal obligation to pay the legal costs within s 302A, and therefore was not a third party payer with standing...

Court Disposition

Summons dismissed; plaintiff to pay defendant's costs.

Orders

  • ['Summons dismissed.' "Plaintiff pay defendant's costs." 'Liberty to apply in relation to costs, such liberty to be exercised in 28 days.' 'Exhibits retained for 28 days.']