Lawrence v Ramensky Lawyers & Ors [2006] NSWSC 175
There was no error of law in the Costs Assessor or Review Panel's interpretation of the relevant costs orders; procedural fairness was afforded to the plaintiff; and there is no basis for granting leave to appeal under the relevant statutory provisions.
- Parties
- Plaintiff: Wayne Lawrence; First Defendant: Gisela Ramensky; Second Defendant: Carol Marjorie Hatzantonis; Third Defendant: Roma Rachel Lawrence
- Jurisdiction
- Australia
- Judgment Date
- 24 March 2006
- Procedural Posture
- Appeal / Judgment on Appeal From Costs Assessment and Application for Leave to Appeal
- Outcome
- Appeal dismissed; leave to appeal refused; costs assessor's decision affirmed; amended summons dismissed; plaintiff to pay defendants' costs.
- Legal Topics
- Costs Assessment, Appeal, Procedural Fairness, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Wayne Lawrence
Plaintiff
Gisela Ramensky
First Defendant
Carol Marjorie Hatzantonis
Second Defendant
Roma Rachel Lawrence
Third Defendant
Procedural Posture
Appeal / Judgment on Appeal From Costs Assessment and Application for Leave to Appeal
Legal Issues
- 1 Whether the Costs Assessor and Review Panel erred in law in interpreting the costs order of Bryson J
- 2 Whether procedural fairness was accorded during the costs assessment process
- 3 Whether leave should be granted to appeal under the Legal Profession Act 1987
Ratio Decidendi
There was no error of law in the Costs Assessor or Review Panel's interpretation of the relevant costs orders; procedural fairness was afforded to the plaintiff; and there is no basis for granting leave to appeal under the relevant statutory provisions.
Court Disposition
Appeal dismissed; leave to appeal refused; costs assessor's decision affirmed; amended summons dismissed; plaintiff to pay defendants' costs.
Orders
- The appeal is dismissed.
- Leave to appeal is refused.
Full Case Text
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