Larsen v Vile [1999] NSWCA 397

New South Wales Court of Appeal CITATION : Larsen v Vile [1999] NSWCA 397 FILE NUMBER(S) : CA 41084/98 HEARING DATE(S) : 20 August 1999 JUDGMENT DATE : 26 October 1999

PARTIES : Uta Larsen v June Vile JUDGMENT OF : Mason P at 1; Priestley JA at 2; Stein JA at 53

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT FILE NUMBER(S) : CLD 11885/98 LOWER COURT JUDICIAL OFFICER : Master Harrison

Appellant - M.L. Brabazon COUNSEL : Respondent - W.S. Johnson NSW Attorney General - P. Lakatos SOLICITORS : Appellant - Richardson Burgin Steer Respondent Vile & Vile CATCHWORDS : Assessment of costs - Legal Profession Act 1987 - appeal under s 208L; Costs of appeal under s 208L assessment of costs ACTS CITED : Legal Profession Act 1987 Aafjec v Kearney (1976) 180 CLR 199 Edwards v Bairstow [1956] AC 14 CASES CITED: Hawkins v Clayton (1988) 164 CLR 539 Mahony v Industrial Registrar of NSW (1986) 8 NSWLR 1 Waimond Pty Ltd v Byrne (1989) 18 NSWLR 642 DECISION : Leave to appeal granted.; Appeal allowed.

THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 41084/98 CLD 11885/98

MASON P PRIESTLEY JA STEIN JA

Tuesday, 26 October 1999

LARSEN v VILE ASSESSMENT OF COSTS - LEGAL PROFESSION ACT 1987 - APPEAL UNDER SECTION 208L. On appeal under s 208L to the court, a costs assessor's determination of costs was set aside. Section 208L give a right of appeal against " a decision ... as to a matter of law ". Held: that the ground on which the costs assessor's determination was set aside did not involve " a decision ... as to a matter of law ". COSTS OF APPEAL UNDER SECTION 208L AGAINST ASSESSMENT OF COSTS. The Attorney-General as amicus curiae argued that the same limited costs powers as the Legal Profession Act gave to costs assessors should apply in appeals to the court from the determinations of costs assessors. Held: there was no sufficient indication in the Legal Profession Act to warrant a conclusion that the court did not have its ordinary powers as to costs upon decision of an appeal under s 208L. ORDERS 1. Leave to appeal against orders of Master Harrison granted. 2. Appeal allowed. 3. Orders of Master Harrison set aside. 4. The costs of the client in this court (in which she was the claimant/appellant) and in the proceedings before Master Harrison (in which she was the respondent) are to be borne by the solicitor (the opponent/respondent in this court and the appellant before Master Harrison).