Larsen v Vile [1999] NSWCA 397

Larsen v Vile [1999] NSWCA 397

The determination of the costs assessor did not involve a matter of law as required under s 208L and thus the appeal of the client should be allowed, reinstating the assessor's certificate. The Supreme Court retains its ordinary powers to award costs in s 208L appeals.

Jurisdiction
Australia
Judgment Date
26 October 1999
Procedural Posture
Appeal / Judgment
Outcome
leave to appeal granted; appeal allowed; orders of lower court set aside
Legal Topics
['assessment of Costs' 'appeal Under S 208 L Legal Profession Act 1987' 'powers of Supreme Court Regarding Costs Orders']
['legal Profession' 'costs Law'] ['assessment of Costs' 'appeal Under S 208 L Legal Profession Act 1987' 'powers of Supreme Court Regarding Costs Orders']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the costs assessor's determination under s 208L involved a decision as to a matter of law" "Whether the Supreme Court's powers to make costs orders in an appeal under s 208L are restricted by the Legal Profession Act 1987"]

Ratio Decidendi

The determination of the costs assessor did not involve a matter of law as required under s 208L and thus the appeal of the client should be allowed, reinstating the assessor's certificate. The Supreme Court retains its ordinary powers to award costs in s 208L appeals.

Court Disposition

leave to appeal granted; appeal allowed; orders of lower court set aside

Orders

  • ['Leave to appeal against orders of Master Harrison granted' 'Appeal allowed' 'Orders of Master Harrison set aside' 'The costs of the client in this court and in the proceedings before Master Harrison are to be borne by the solicitor']