NSW Caselaw
New South Wales Court of Appeal CITATION : ATTORNEY GENERAL v KENNEDY MILLER [1999] NSWCA 158 FILE NUMBER(S) : CA 40574/97 HEARING DATE(S) : 25 February 1998 30 June 1998 JUDGMENT DATE : 31 May 1999
ATTORNEY GENERAL OF NEW SOUTH WALES & ANOR PARTIES : v KENNEDY MILLER TELEVISION PTY LIMITED & ANOR JUDGMENT OF : Priestley JA at 1; Handley JA at 1; Powell JA at 1
LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : ALD 40089/96 LOWER COURT JUDICIAL OFFICER : Sperling J
COUNSEL : P Webb QC/P J Saidi/S Dowling (Appellants) J E Griffiths (Respondents) I V Knight, State Crown Solicitor (Appellants) SOLICITORS : Mallesons Stephen Jaques (Respondent 1) Landerer & Co (Respondent 2) CATCHWORDS : COSTS - PROCEEDINGS TO REVIEW DECISION OF COSTS ASSESSOR - PRIMA FACIE IMMUNE FROM COSTS ORDERS CASES CITED: Najjar v Haines (1991) 25 NSWLR 224 DECISION : Cost orders made
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40574/97 ALD 30089/96 PRIESTLEY JA HANDLEY JA POWELL JA
Monday 31 May 1999
THE ATTORNEY GENERAL OF NEW SOUTH WALES & ANOR v KENNEDY MILLER TELEVISION PTY LIMITED
COSTS - proceedings to review decision of costs assessor - prima facie immune from costs orders The Court dismissed an appeal from a decision of Sperling J in judicial review proceedings that a costs assessor was bound, when asked, to give reasons for his decision on the assessment. At that stage the Court did not deal with questions of costs. HELD: A costs assessor, in the absence of misconduct or bad faith, should not be ordered to pay the costs of proceedings to review his decision. Najjar v Haines (1991) 25 NSWLR 224 applied. ORDERS (1) Sperling J's order that Mr Lancken pay Kennedy Miller's costs incurred in the proceedings at first instance set aside. (2) Nine to pay Kennedy Miller's costs incurred in the proceedings at first instance. (3) Sperling J's other orders as to costs at first instance confirmed. (4) The Attorney General pay the costs of the appeal, subject to order 5 following. (5) Nine pay the costs of the parties to the appeal occasioned by the order made on 30 June 1998 concerning the filing of written submissions on the question whether Sperling J's costs order against Lancken should be disturbed and by the subsequent preparation of and filing of those submissions. THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40574/97 ALD 30089/96 PRIESTLEY JA HANDLEY JA POWELL JA
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