Koffel v Tropeano & Anor [2001] NSWSC 118

Koffel v Tropeano & Anor [2001] NSWSC 118

The costs assessor did not err in law in holding that there was no costs agreement between the plaintiff and the first defendant, as the first defendant acted only as an agent for a disclosed principal, and s 184(6) of the Legal Profession Act was properly considered. The appeal must be dismissed.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 March 2001
Procedural Posture
Appeal / Judgment on Appeal Against Costs Assessor's Decision
Outcome
Decision of costs assessor affirmed; appeal dismissed; plaintiff to pay first defendant's costs.
Legal Topics
["appeal Against Costs Assessor's Decision" 'legal Profession Act' 'costs Agreement' 'agency Relationship in Legal Practice']
['administrative Law'] ["appeal Against Costs Assessor's Decision" 'legal Profession Act' 'costs Agreement' 'agency Relationship in Legal Practice']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Judgment on Appeal Against Costs Assessor's Decision

Legal Issues

  1. 1 ['Whether there was a costs agreement between the plaintiff and the first defendant under the Legal Profession Act' 'Whether the costs assessor erred in law in holding there was no costs agreement' "Whether the respondent was liable for the plaintiff's legal costs or acted solely as agent for a disclosed principal"]

Ratio Decidendi

The costs assessor did not err in law in holding that there was no costs agreement between the plaintiff and the first defendant, as the first defendant acted only as an agent for a disclosed principal, and s 184(6) of the Legal Profession Act was properly considered. The appeal must be dismissed.

Court Disposition

Decision of costs assessor affirmed; appeal dismissed; plaintiff to pay first defendant's costs.

Orders

  • ['The decision of the costs assessor Mr Mark Campbell dated 19 January 2001 is affirmed.' 'The summons is dismissed.' "The plaintiff is to pay the first defendant's costs as agreed or assessed."]