Scanruby v Caltex Petroleum & Anor [1999] NSWSC 1242

Scanruby v Caltex Petroleum & Anor [1999] NSWSC 1242

The plaintiff failed to demonstrate any error of law or fact by the Costs Assessor; all complaints were referable to questions of fact, not law. The determination made was open to the assessor, and no grounds were established to justify leave to appeal or a matter of law appeal under s 208L or s 208M. Consequently, the summons was dismissed and costs awarded to the defendants.

Jurisdiction
Australia
Judgment Date
16 December 1999
Procedural Posture
Appeal From Costs Assessment / Judgment on Summons for Appeal and Leave to Appeal
Outcome
Summons dismissed; plaintiff to pay costs of the summons.
Legal Topics
['costs Assessment' 'party/party Costs' 'appeal From Costs Determination']
['civil Procedure'] ['costs Assessment' 'party/party Costs' 'appeal From Costs Determination']

Case Brief

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Procedural Posture

Appeal From Costs Assessment / Judgment on Summons for Appeal and Leave to Appeal

Legal Issues

  1. 1 ['Whether the costs assessor erred in allowing post judgment costs' 'Whether items allowed constituted solicitor/client costs rather than party/party costs' 'Whether leave to appeal or appeal on a matter of law should be granted']

Ratio Decidendi

The plaintiff failed to demonstrate any error of law or fact by the Costs Assessor; all complaints were referable to questions of fact, not law. The determination made was open to the assessor, and no grounds were established to justify leave to appeal or a matter of law appeal under s 208L or s 208M. Consequently, the summons was dismissed and costs awarded to the defendants.

Court Disposition

Summons dismissed; plaintiff to pay costs of the summons.

Orders

  • ['The Summons is dismissed.' 'The plaintiff is to pay the costs of the Summons.' 'The Exhibits may be returned.']