NSW Caselaw
New South Wales Supreme Court
CITATION : Baines v Smith & Anor [2000] NSWSC 25 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 12738/99 HEARING DATE(S) : 2 February 2000 JUDGMENT DATE : 8 February 2000
Russell George Baines (Plaintiff)
PARTIES : Gail Joy Smithson (First Defendant)
Janet Smithson (Second Defendant) JUDGMENT OF : Master Harrison
Mr Goodridge (Plaintiff) COUNSEL : Mr W Robinson (Defendants) Firths The Compensation Laywers Sydney SOLICITORS : (Plaintiff)
Abbout Tout Sydney (Defendants) CATCHWORDS : Appeal decision of costs assessor LEGISLATION CITED : Legal Profession Act CASES CITED : Gundry v Sainsbury (1910) 1 KB 645 DECISION : See para 9
5
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
MASTER HARRISON
TUESDAY, 8 FEBRUARY 2000
12738/99 - RUSSEL GEORGE BAINES v GAIL JOY SMITHSON & ANOR
JUDGMENT (Appeal decision of costs assessor)
1 MASTER: By summons filed 9 November 1999 the plaintiff seeks to appeal the decision of Robert James Charles Benjamin, costs assessor, dated 12 October 1999 in Supreme Court proceedings No 91654/99 pursuant to s 208L of the Legal Profession Act 1987 (the Act) and that the costs assessor redetermine the matter on a party/party basis. 2 The bill of costs is for legal work done in relation to an appeal to the court of appeal where the defendants were appellants. The plaintiff was order to pay the defendants' costs of the appeal on a party/party basis. 3 Section 208L of the Legal Profession Act provides: "Appeal against decision of costs assessor as to matter of law
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