Ferkovic v Kioussis [2022] NSWDC 326

Ferkovic v Kioussis [2022] NSWDC 326

There is no right under s 178 of the Legal Profession Uniform Law (NSW) for a client to a refund or set-off of prior payments made on a bill subsequently excluded from costs assessment for being out of time. Only the assessed bill may be subject to judgment, and payment on another unassessed or time-barred bill does...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 August 2022
Procedural Posture
Civil / Application for Leave to Appeal; Costs Assessment Review
Outcome
application for leave to appeal refused; summons dismissed; costs (disbursements only) ordered against plaintiff
Legal Topics
['costs Assessment' 'solicitor/client Costs' 'costs Disclosure' 'appeals From Costs Assessment']
['civil Procedure' 'costs'] ['costs Assessment' 'solicitor/client Costs' 'costs Disclosure' 'appeals From Costs Assessment']

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Procedural Posture

Civil / Application for Leave to Appeal; Costs Assessment Review

Legal Issues

  1. 1 ['Whether applicant is entitled to credit for prior payment against assessed costs where assessment excluded certain invoice due to out-of-time application' "Whether s 178 of the Legal Profession Uniform Law (NSW) creates a right to refund of unassessed costs paid in circumstances of solicitor's disclosure breach" "Whether leave to appeal should be granted from review panel's costs assessment decision"]

Ratio Decidendi

There is no right under s 178 of the Legal Profession Uniform Law (NSW) for a client to a refund or set-off of prior payments made on a bill subsequently excluded from costs assessment for being out of time. Only the assessed bill may be subject to judgment, and payment on another unassessed or time-barred bill does not automatically create an offset. Leave to appeal is refused as the grounds lack merit, the amount in dispute is small and other procedural avenues are available.

Court Disposition

application for leave to appeal refused; summons dismissed; costs (disbursements only) ordered against plaintiff

Orders

  • ['Leave to appeal is refused.' 'Summons dismissed.' "Plaintiff to pay the defendant's disbursements in respect of the summons."]