Lawrence v Ramensky Lawyers & Ors [2006] NSWSC 175

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

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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

  1. 1 Whether the Costs Assessor and Review Panel erred in law in interpreting the costs order of Bryson J
  2. 2 Whether procedural fairness was accorded during the costs assessment process
  3. 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.