Smith v Binet [2000] NSWSC 464

Smith v Binet [2000] NSWSC 464

The appeal against the 1998 costs assessment decisions was incompetent and outside time; there was no arguable case for an extension of time, and the attempt to re-agitate matters already determined constituted an abuse of process warranting summary dismissal.

Jurisdiction
Australia
Judgment Date
30 May 2000
Procedural Posture
Summons/appeal Against Costs Assessment / Summary Disposition Application
Outcome
Summons dismissed, plaintiff to pay costs.
Legal Topics
['costs Assessment' 'summary Dismissal' 'extension of Time' 'abuse of Process']
['civil Procedure'] ['costs Assessment' 'summary Dismissal' 'extension of Time' 'abuse of Process']

Case Brief

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Summons/appeal Against Costs Assessment / Summary Disposition Application

Legal Issues

  1. 1 ['Whether the appeal against the costs assessment was competent' 'Whether an extension of time should be granted to appeal against costs assessment' 'Whether the proceedings constituted an abuse of process']

Ratio Decidendi

The appeal against the 1998 costs assessment decisions was incompetent and outside time; there was no arguable case for an extension of time, and the attempt to re-agitate matters already determined constituted an abuse of process warranting summary dismissal.

Court Disposition

Summons dismissed, plaintiff to pay costs.

Orders

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