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Costs assessment

DLaw Pty Ltd v Croft Developments Pty Ltd

The Court of Appeal refused leave to appeal in a costs-assessment dispute, holding the proposed challenge was too late, premature, and potentially without utility.

  • Leave to appeal
  • Judicial review
  • Amendment of costs assessment application
  • Utility of relief
  • Fragmentation of proceedings
  • Interim bills
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Civil procedure

Velik v Steingold

Velik v Steingold [2017] NSWDC 37

The District Court dismissed an appeal against a Costs Review Panel decision, holding that earlier interlocutory Supreme Court costs orders were not superseded by later Court of Appeal orders.

  • Costs orders
  • Interlocutory costs
  • Appeal
  • Costs review
  • Court of appeal orders
  • Costs-assessment
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Costs assessment

Scope Data Systems Pty Ltd v David Goman rep Partnership BDO Nelson Parkhill

Scope Data Systems Pty Ltd v David Goman rep Partnership BDO Nelson Parkhill [2008] NSWSC 42

The Supreme Court dismissed a challenge to a costs assessment, finding alleged defects in notice, service, and reasons did not justify disturbing the assessment.

  • Form of application and service
  • Costs of assessment
  • Setting aside of judgment
  • Appeals under legal profession act
  • Costs-assessment
  • Civil-procedure
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Costs assessment

Montgomery v Egan Simpson Solicitors

Montgomery v Egan Simpson Solicitors [2005] NSWSC 886

The Supreme Court granted an extension of time but refused leave to appeal from a costs assessment review, finding no error of principle or procedural unfairness.

  • Appeals from costs assessor decisions
  • Procedural fairness
  • Costs orders
  • Costs-assessment
  • Leave-to-appeal
  • Procedural-fairness
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Costs assessment

Bechara v Kobeissi

Bechara v Kobeissi [2005] NSWSC 192

The Supreme Court set aside a costs review panel certificate after finding the assessor failed to consider a costs agreement and the appeal process was procedurally unfair.

  • Appeal from costs assessment review panel
  • Legal profession act 1987
  • Procedural fairness
  • Costs agreement
  • Costs-assessment
  • Procedural-fairness
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Costs assessment

Dunbier v Smith & Anor

Dunbier v Smith & Anor [2000] NSWSC 51

The Supreme Court of New South Wales dismissed an appeal from a costs assessor, holding there was no error of law or denial of natural justice.

  • Solicitor-client costs
  • Retainer
  • Natural justice
  • Appeal procedure
  • Costs-assessment
  • Natural-justice
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Costs assessment

Baker & Anor v Kearney

Baker & Anor v Kearney [1999] NSWSC 1241

The Supreme Court refused leave to appeal and an extension of time against a costs assessment, holding the assessor gave sufficient reasons and no arguable error was shown.

  • Leave to appeal
  • Extension of time
  • Sufficiency of reasons
  • Counsel's fees
  • Assessment of costs
  • Costs-assessment
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Contract law

Macdonald v Benjafield

Macdonald v Benjafield [1999] NSWSC 677

The Supreme Court of NSW held that the alleged fee-forbearance agreement with solicitors failed for lack of consideration and dismissed the summons with costs.

  • Agreement for legal services
  • Insufficient consideration
  • Professional negligence allegations
  • Costs assessments
  • Consideration
  • Legal-fees
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.