Universal 1919 Pty Limited v Barraket Stanton Lawyers Pty Ltd [2015] NSWSC 540

Universal 1919 Pty Limited v Barraket Stanton Lawyers Pty Ltd [2015] NSWSC 540

A written request for sufficient information under s 350(6) of the Legal Profession Act was made by the tenant and never complied with; therefore, time for making the costs assessment application did not begin to run. Alternatively, if the application was out of time, it is just and fair in the circumstances for the costs assessment to proceed.

Parties
Plaintiff: Universal 1919 Pty Limited; First Defendant: Barraket Stanton Lawyers Pty Ltd; Second Defendant: 122 Pitt Street Pty Ltd
Jurisdiction
Australia
Judgment Date
07 May 2015
Procedural Posture
Principal Judgment / Application for Declaration And/or Determination Regarding Time for Costs Assessment Application
Outcome
Declaration made that costs assessment application 2014/212701 may be dealt with without a determination of the Court under s 350(5); alternatively, a determination made that it is just and fair for the assessment to be dealt with after twelve months.
Legal Topics
Assessment of Costs, Third Party Payer, Legal Profession Act 2004 (nsw), Out of Time Application, Non Associated Third Party Payer
Costs Legal Profession Assessment of Costs Third Party Payer Legal Profession Act 2004 (nsw) Out of Time Application Non Associated Third Party Payer

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Parties

Universal 1919 Pty Limited

Plaintiff

Barraket Stanton Lawyers Pty Ltd

First Defendant

122 Pitt Street Pty Ltd

Second Defendant

Procedural Posture

Principal Judgment / Application for Declaration And/or Determination Regarding Time for Costs Assessment Application

Legal Issues

  1. 1 Whether costs assessment application was made out of time under the Legal Profession Act 2004 (NSW)
  2. 2 Whether written request for information was complied with pursuant to s 350(6)
  3. 3 Whether it is just and fair to allow costs assessment to proceed out of time under s 350(5)

Ratio Decidendi

A written request for sufficient information under s 350(6) of the Legal Profession Act was made by the tenant and never complied with; therefore, time for making the costs assessment application did not begin to run. Alternatively, if the application was out of time, it is just and fair in the circumstances for the costs assessment to proceed.

Court Disposition

Declaration made that costs assessment application 2014/212701 may be dealt with without a determination of the Court under s 350(5); alternatively, a determination made that it is just and fair for the assessment to be dealt with after twelve months.

Orders

  • Declaration that costs assessment application number 2014/212701 may be dealt with without a determination of this Court pursuant to s 350(5) of the Legal Profession Act.
  • If the application does require such a determination, a determination is made that, after having regard to the delay and the reasons for the delay, it is just and fair for the application for assessment to be dealt with after the twelve month period.