Cappello v HomeBuilding Pty Ltd [2022] NSWDC 725

Cappello v HomeBuilding Pty Ltd [2022] NSWDC 725

The Review Panel did not err in upholding that the indemnity principle was satisfied where invoices, receipts, and conduct established that the defendant was liable to pay its legal representatives, and technical objections as to disclosure or signing did not demonstrate a lack of liability. There was no error of...

Source-derived case information.

Parties
Plaintiff: Rosario Cappello; Plaintiff: Maria Capello; Defendant: HomeBuilding Pty Ltd
Jurisdiction
Australia
Judgment Date
09 December 2022
Procedural Posture
Appeal Costs Assessment / District Court Appeal Decision
Outcome
Summons struck out and appeal dismissed.
Legal Topics
Indemnity Principle, Costs Assessment, Party/party Costs, Disclosure Requirements, Validity of Costs Agreement
Costs Civil Procedure Indemnity Principle Costs Assessment Party/party Costs Disclosure Requirements Validity of Costs Agreement

Source-derived case record

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 5 Authorities cited 23 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Rosario Cappello

Plaintiff

Maria Capello

Plaintiff

HomeBuilding Pty Ltd

Defendant

Procedural Posture

Appeal Costs Assessment / District Court Appeal Decision

Legal Issues

  1. 1 Whether the Review Panel erred in confirming the costs assessor's determination regarding satisfaction of the indemnity principle
  2. 2 Whether there was non-compliance with section 178 of the Legal Profession Uniform Law 2014 (NSW)
  3. 3 Whether certificates for assessed costs should have been issued when the client had no separate liability as to costs

Ratio Decidendi

The Review Panel did not err in upholding that the indemnity principle was satisfied where invoices, receipts, and conduct established that the defendant was liable to pay its legal representatives, and technical objections as to disclosure or signing did not demonstrate a lack of liability. There was no error of law or practical injustice warranting disturbance of the assessment.

Court Disposition

Summons struck out and appeal dismissed.

Orders

  • Summons struck out and appeal dismissed.
  • Costs reserved, with liberty to apply.