FIRTH v WESTBURY [1999] NSWSC 372

FIRTH v WESTBURY [1999] NSWSC 372

The appeal was incompetent as it was brought well out of time. The plaintiff failed to show entitlement to relief. The alleged costs agreement did not comply with statutory requirements and was properly set aside by the Costs Assessor.

Parties
Plaintiff: Stephen Paul Firth; Defendant: Tammy Westbury
Jurisdiction
Australia
Judgment Date
22 April 1999
Procedural Posture
Appeal / Judgment
Outcome
Summons dismissed; plaintiff to pay costs of the Summons.
Legal Topics
Appeal From Costs Assessor, Costs Agreement, Legal Profession Act
Costs Legal Profession Appeal From Costs Assessor Costs Agreement Legal Profession Act

Case Brief

Summary, issues, holding and outcome

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Parties

Stephen Paul Firth

Plaintiff

Tammy Westbury

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the agreement between the solicitor and client constituted a valid costs agreement under section 208C of the Legal Profession Act 1987
  2. 2 Whether the Costs Assessor erred in law by declaring the agreement void and proceeding to assess costs under the Act
  3. 3 Whether the appeal was out of time

Ratio Decidendi

The appeal was incompetent as it was brought well out of time. The plaintiff failed to show entitlement to relief. The alleged costs agreement did not comply with statutory requirements and was properly set aside by the Costs Assessor.

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.