Vasil Totev v Michael Sfar & Anor [2005] NSWSC 363

Vasil Totev v Michael Sfar & Anor [2005] NSWSC 363

The aspect appealed does not involve a decision as to a matter of law as required under s 208L Legal Profession Act. The matters concerning costs for trial preparation were not before the panel and cannot be considered. No appeal lies. The summons is dismissed.

Jurisdiction
Australia
Judgment Date
20 April 2005
Procedural Posture
Appeal / Judgment on Summons to Appeal Costs Assessment Review Panel Determination
Outcome
Summons dismissed; plaintiff to pay the costs of the summons.
Legal Topics
['costs Assessment' 'appeals' 'jurisdiction']
['civil Procedure'] ['costs Assessment' 'appeals' 'jurisdiction']

Case Brief

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Procedural Posture

Appeal / Judgment on Summons to Appeal Costs Assessment Review Panel Determination

Legal Issues

  1. 1 ["Whether the appeal concerns a 'decision as to a matter of law' under s 208L Legal Profession Act 1987" "Whether the panel's determination on counsel's fee was appealable" 'Whether other aspects of costs can be agitated in this forum']

Ratio Decidendi

The aspect appealed does not involve a decision as to a matter of law as required under s 208L Legal Profession Act. The matters concerning costs for trial preparation were not before the panel and cannot be considered. No appeal lies. The summons is dismissed.

Court Disposition

Summons dismissed; plaintiff to pay the costs of the summons.

Orders

  • ['The summons is dismissed.' 'The plaintiff is to pay the costs of the summons.']