New South Wales Insurance Ministerial Corp v Ginman [1999] NSWSC 444

New South Wales Supreme Court CITATION : New South Wales Insurance Ministerial Corp v Ginman [1999] NSWSC 444 CURRENT JURISDICTION : Common Law FILE NUMBER(S) : 13185/98 HEARING DATE(S) : 4 May 1999 JUDGMENT DATE : 14 May 1999

PARTIES : New South Wales Insurance Ministerial Corporation v Lisa Ann Ginman JUDGMENT OF : Master Harrison

Mr G W McGrath (Plaintiff) COUNSEL : Mr G Lucarelli (Defendant) Mr J M Crestani, Parramatta (Plaintiff) SOLICITORS : Ms M McCue of G H Healey - Bondi (Defendant) CATCHWORDS : Appeal against decision of costs assessor Legal Profession Act 1987 - s 208L & s 208F(1) & (1A) ACTS CITED : Legal Profession Amendment Act 1996 Supreme Court Rules - Pt 52A 7 33(4) DECISION : See para 13

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THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MASTER HARRISON

FRIDAY, 14 MAY 1999

13185/98 - NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION v LISA ANN GINMAN

JUDGMENT (Appeal against decision of costs assessor)

1 MASTER: The appellant by summons filed 31 December 1998 appeals against the decision of costs assessor Mr P Johnstone made on 10 December 1998 and seeks an order that decision be set aside. The appellant relies on s 208L of the Legal Profession Act 1987. The applicant relied on the affidavit of Joseph Michael Crestani sworn 16 February 1999. 2 Section 208L of the Legal Profession Act provides: "Appeal against decision of costs assessor as to matter of law (1) A party to an application who is dissatisfied with a decision of a costs assessor as to a matter of law arising in the proceedings to determine the application may, in accordance with the rules of the Supreme Court, appeal to the Court against the decision. (2) After deciding the question the subject of the appeal, the Supreme Court may, unless it affirms the costs assessor's decision: (a) make such determination in relation to the application as, in its opinion, should have been made by the costs assessor, or