Burrows v Council for the Law Society of New South Wales (No 2) [2018] NSWSC 376

Burrows v Council for the Law Society of New South Wales (No 2) [2018] NSWSC 376

There was no just basis to depart from the usual costs order because the real issue was whether Ms Burrows was entitled to access the subpoenaed documents and she failed on that issue; the documents were privileged, and it was not suggested that the Law Society's unsuccessful s 468 argument had been unreasonably pursued.

Jurisdiction
Australia
Judgment Date
23 March 2018
Procedural Posture
Costs / Determination of Costs of the Access Issue After Reasons Given on 2 March 2018
Outcome
Ms Burrows must bear the Law Society's costs of the determination of the access issue, as agreed or assessed.
Legal Topics
['costs Follow the Event' 'discretion to Depart From Usual Costs Order' 'access to Subpoenaed Documents' 'privilege Under S 118 of the Evidence Act 1995 (nsw)' 'waiver Under S 468 of the Legal Profession Uniform Law 2014 (nsw)']
['civil Procedure' 'costs' 'legal Professional Privilege'] ['costs Follow the Event' 'discretion to Depart From Usual Costs Order' 'access to Subpoenaed Documents' 'privilege Under S 118 of the Evidence Act 1995 (nsw)' 'waiver Under S 468 of the Legal Profession Uniform Law 2014 (nsw)']

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Procedural Posture

Costs / Determination of Costs of the Access Issue After Reasons Given on 2 March 2018

Legal Issues

  1. 1 ["Whether there should be a departure from the usual costs order where Ms Burrows failed on access to subpoenaed documents but the Law Society's argument under s 468 of the Legal Profession Uniform Law 2014 (NSW) did not succeed."]

Ratio Decidendi

There was no just basis to depart from the usual costs order because the real issue was whether Ms Burrows was entitled to access the subpoenaed documents and she failed on that issue; the documents were privileged, and it was not suggested that the Law Society's unsuccessful s 468 argument had been unreasonably pursued.

Court Disposition

Ms Burrows must bear the Law Society's costs of the determination of the access issue, as agreed or assessed.

Orders

  • ["Ms Burrows must bear the Law Society's costs of the determination of the access issue, as agreed or assessed."]