Stanizzo v Grpcevski [2005] NSWSC 1185

Stanizzo v Grpcevski [2005] NSWSC 1185

The Costs Assessor treated the practitioner's without prejudice offers to accept a reduced amount as a concession that the fees claimed totalled $13,600, but the correspondence was not fairly open to that interpretation because the offer was never accepted and the practitioner reserved the right to claim the full amount. Although no error of law was established under s 208L, the misinterpretation produced a substantial injustice, so leave to appeal under s 208M was granted and the certificate was varied.

Jurisdiction
Australia
Judgment Date
24 November 2005
Procedural Posture
Appeal From Decision of Costs Assessor as to Practitioner and Client Costs / Application for Appeal or Leave to Appeal From Costs Assessment Determination
Outcome
Leave to appeal granted; costs assessment certificate varied; defendant ordered to pay plaintiff's costs as agreed or assessed.
Legal Topics
['appeal From Costs Assessor' 'practitioner and Client Costs' 'without Prejudice Offers' 'legal Profession Act 1987 (nsw) Ss 208 L and 208 M']
['legal Profession' 'costs Assessment'] ['appeal From Costs Assessor' 'practitioner and Client Costs' 'without Prejudice Offers' 'legal Profession Act 1987 (nsw) Ss 208 L and 208 M']

Case Brief

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Procedural Posture

Appeal From Decision of Costs Assessor as to Practitioner and Client Costs / Application for Appeal or Leave to Appeal From Costs Assessment Determination

Legal Issues

  1. 1 ['Whether the Costs Assessor erred in law, or alternatively in fact, in reducing the amount assessed by reference to offers made in letters dated 2 November 2004 and 20 July 2005.' 'Whether leave to appeal should be granted under s 208M of the Legal Profession Act 1987.']

Ratio Decidendi

The Costs Assessor treated the practitioner's without prejudice offers to accept a reduced amount as a concession that the fees claimed totalled $13,600, but the correspondence was not fairly open to that interpretation because the offer was never accepted and the practitioner reserved the right to claim the full amount. Although no error of law was established under s 208L, the misinterpretation produced a substantial injustice, so leave to appeal under s 208M was granted and the certificate was varied.

Court Disposition

Leave to appeal granted; costs assessment certificate varied; defendant ordered to pay plaintiff's costs as agreed or assessed.

Orders

  • ['Leave to appeal is granted.' 'The amount in the certificate as to determination of costs dated 2 September 2005 is varied. The sum of $13,600.00 referred to in paragraph one is deleted and in lieu the sum of $19,948.48 is inserted.' "The defendant is to pay the plaintiff's costs as agreed or assessed."]