Dive Lawyers Pty Ltd t/as Dive Lawyers & Notaries v The Manager, Costs Assessment [2024] NSWSC 721

Supreme Court New South Wales

Medium Neutral Citation: Dive Lawyers Pty Ltd t/as Dive Lawyers & Notaries v The Manager, Costs Assessment [2024] NSWSC 721 Hearing dates: 13 June 2024 Date of orders: 14 June 2024 Decision date: 14 June 2024 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. The decision of the Manager, Costs Assessment, to decline to accept for filing the Application for Assessment (the Application) on 22 August 2022 and subsequently confirmed in writing on 27 February 2024, is set aside. 2. The Plaintiff is to file the Application with the costs assessment system within seven days of the date of this order. 3. The Manager, Costs Assessment, is to accept the Application for filing, and subject to compliance with reg 34(2) of the Legal Profession Uniform Law Application Regulation 2015 (NSW), refer the Application to a Costs Assessor. 4. No order is made as to costs between the plaintiff and the first defendant. 5. As between the plaintiff and the second defendant, each party is to pay its own costs of the proceedings, except that the plaintiff is to pay the second defendant's costs in respect of the second defendant's appearance before the Registrar on 3 June 2024 and at the hearing on 13 June 2024. Catchwords: COSTS — costs assessment — late application for costs assessment made by a law practice — refusal by first defendant to accept filing of a late application — whether in accordance with applicable legislation and regulations — costs between plaintiff and second defendant where second defendant not involved in refusal by first defendant to accept filing — costs as between plaintiff and second defendant Legislation Cited: Legal Profession Uniform Law Application Regulation 2015 (NSW), reg 34 Legal Profession Uniform Law (NSW) No 16a of 2014, ss 6, 93B, 194, 198, Pt 4.3 Uniform Civil Procedure Rules 2005 (NSW), r 49.19 Cases Cited: Azmac Pty Limited (in liquidation) (No 2) [2020] NSWSC 363 Eventus Lawyers Pty Ltd v Richens [2021] VSC 370 Peter Szabo Family Law Pty Ltd (in liquidation) v Thomas Young [2023] VSC 756 Voicu v The Owners-Strata Plan No 1624 [2020] NSWSC 296 Category: Procedural rulings Parties: Dive Lawyers Pty Ltd t/as Dive Lawyers & Notaries (Plaintiff) The Manager, Costs Assessment (First Defendant) Azam Hakimi Sabzavari Fard (Second Defendant) Representation: Counsel: Ms M Castle (Plaintiff) Mr J Nolan (Plaintiff) Mr P Newton SC (Second Defendant)