Application of Saris; Elgammal v Saris [2010] NSWSC 449

Application of Saris; Elgammal v Saris [2010] NSWSC 449

Leave to apply for costs under s 348 of the Legal Profession Act 2004 is refused because (a) no costs order has been made against either party (s 348(1)(a) not satisfied), (b) s 348(1)(b) concerning indemnity does not apply, and (c) the defendant did not establish that his cross-claim included a claim for damages...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 May 2010
Procedural Posture
Application / Application for Leave to Apply for Costs Under S 348 of Legal Profession Act 2004
Outcome
Leave to apply for costs under s 348 of the Legal Profession Act 2004 refused.
Legal Topics
['costs' 'applications for Costs' 'legal Profession Act S 348' 'costs Assessment']
['equity' 'civil Procedure'] ['costs' 'applications for Costs' 'legal Profession Act S 348' 'costs Assessment']

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Procedural Posture

Application / Application for Leave to Apply for Costs Under S 348 of Legal Profession Act 2004

Legal Issues

  1. 1 ['Whether leave should be granted to apply for costs against former solicitors under s 348 of the Legal Profession Act 2004' "Whether the proceedings constituted a 'claim for damages' within the meaning of s 348"]

Ratio Decidendi

Leave to apply for costs under s 348 of the Legal Profession Act 2004 is refused because (a) no costs order has been made against either party (s 348(1)(a) not satisfied), (b) s 348(1)(b) concerning indemnity does not apply, and (c) the defendant did not establish that his cross-claim included a claim for damages within the meaning of s 348.

Court Disposition

Leave to apply for costs under s 348 of the Legal Profession Act 2004 refused.

Orders

  • ['Application for leave to apply for costs under s 348 of the Legal Profession Act 2004 is refused.']