Boesnsch v Bingham [2022] NSWSC 1432

Supreme Court New South Wales

Medium Neutral Citation: Boesnsch v Bingham [2022] NSWSC 1432 Hearing dates: 19 September 2022; further submissions filed 30 September 2022. Date of orders: 21 October 2022 Decision date: 21 October 2022 Jurisdiction: Common Law Before: Chen J Decision: (1) Extend the time for filing a summons seeking a review of the decision of the Manager, Costs Assessment, until 30 January 2022. (2) Set aside the decision of the Manager, Costs Assessment, dated 3 December 2021. (3) Extend the time for lodging an application to review the decision of the costs assessor dated 9 December 2020 until 24 November 2021. (4) Grant an extension of time for the plaintiff to review the decision of the costs assessor dated 9 December 2020. (5) Direct that the costs assessment matter number 2020/296514 be referred to a review panel. (6) Order the defendant to pay the plaintiff's costs of, and incidental to the proceedings in this Court, as a self-represented party. Catchwords: COSTS – costs' assessment – late application to review certificate – application to Manager, Costs Assessment to extend time refused – nature of a review under r 49.19 of the UCPR – where the plaintiff's application for review has substantial merits – where a judge of the Federal Circuit and Family Court in related Bankruptcy proceedings found a lesser amount of costs were owed – whether such a finding creates an issue estoppel – interests of justice warrant intervention – extension of time granted Legislation Cited: Legal Profession Uniform Law Application Act 2014 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Legal Profession Uniform Law (NSW) Cases Cited: Benjamin & Khoury Pty Ltd v Rahme [2022] NSWSC 766 Blair v Curran (1939) 62 CLR 464 Carl Zeiss Stiftung v Rayner & Keeler Ltd [No 2] [1967] 1 AC 853 Hawkins v Barkley-Brown [2010] NSWSC 48 Jackamarra v Krakouer (1998) 195 CLR 516 Jackson v Goldsmith (1950) 81 CLR 446 Kuligowski v Metrobus (2004) 220 CLR 363 Liverpool City Council v Estephen [2008] NSWCA 245 Nanschild v Pratt [2011] NSWCA 85 Tomko v Palasty (No 2) (2007) 71 NSWLR 61 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28; (2022) 96 ALJR 819 Voicu v The Owners – Strata Plan No. 1624 [2020] NSWSC 296 Voitenko v Zurich Australian Insurance Ltd [2019] NSWCA 229 Wily re LED (South Coast) Pty Ltd (2009) 74 NSWLR 428 Category: Principal judgment Parties: Franz Boensch (plaintiff) John David Bingham (first defendant) Manager, Costs Assessment (second defendant) Representation: Counsel: Self-represented (plaintiff) D Godwin (first defendant) No appearance (second defendant)