Brierley v Anthony Charles Reeves T/as Kaplan Reeves & Co & Ors [2000] NSWSC 305

Brierley v Anthony Charles Reeves T/as Kaplan Reeves & Co & Ors [2000] NSWSC 305

The application for assessment was not 'made' until all statutory requirements, including payment or waiver of the prescribed fee, were satisfied. As the waiver was not granted until after the limitation period, the application was out of time and the appeal must fail.

Parties
Plaintiff: Simon Brierley; First Defendant: Anthony Charles Reeves T/as Kaplan Reeves & Co; Second Defendant: John Turnbull; Third Defendant: Brian Murray
Jurisdiction
Australia
Judgment Date
12 April 2000
Procedural Posture
Appeal From Determination of Costs Assessor / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Application for Assessment of Costs, Limitation Periods, Waiver of Filing Fee, Statutory Construction
Costs Legal Profession Application for Assessment of Costs Limitation Periods Waiver of Filing Fee Statutory Construction

Case Brief

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Parties

Simon Brierley

Plaintiff

Anthony Charles Reeves T/as Kaplan Reeves & Co

First Defendant

John Turnbull

Second Defendant

Brian Murray

Third Defendant

Procedural Posture

Appeal From Determination of Costs Assessor / Judgment on Appeal

Legal Issues

  1. 1 Whether the application for assessment of costs was out of time
  2. 2 When an application for assessment is 'made' under Legal Profession Act 1987 and Regulations
  3. 3 Whether waiver of filing fee was validly granted prior to expiry of limitation period

Ratio Decidendi

The application for assessment was not 'made' until all statutory requirements, including payment or waiver of the prescribed fee, were satisfied. As the waiver was not granted until after the limitation period, the application was out of time and the appeal must fail.

Court Disposition

Appeal dismissed

Orders

  • Summons dismissed
  • Plaintiff to pay costs of the proceedings