Gye v Hogarth & Ors [2003] NSWSC 825

New South Wales Supreme Court

CITATION : Gye v Hogarth & Ors [2003] NSWSC 825 revised - 11/09/2003 HEARING DATE(S) : 7 August 2003 & 5 September 2003 JUDGMENT DATE : 9 September 2003 JURISDICTION: Common Law JUDGMENT OF : Master Harrison DECISION : The Court orders that by consent; (1) No amount is payable by the Cross-appellants to the Cross-respondent in respect of the Cross-respondent's costs of the assessment; (2) Set aside the Amended Certificate of Determination of Costs dated 10 July 2002 in proceedings 91355/2001 to the extent of $10,500.00; (3) Determine that no amount is payable by the cross-appellants in respect of the costs of the costs assessor; (4) Set aside Certificate of Costs with Form 4 Certificate of Determination of Costs dated 10 July 2002 in proceedings 91355/2001; (5) Set aside Form 3 Certificate of Determination of Costs dated 7 April 2003 in proceedings 91355/2001to the extent of $3,461.26; The Court further orders; (6) That the bills of costs issued by the plaintiff to the Defendants dated 2 July 2000 (No 1199 in the sum of $1,119.25), 15 August 2000 (No 1192 in the sum of $7,953.00) and 23 November 2000 (No 7073 in the sum of $2,368) be remitted to the costs assessor Mr Mark Campbell with a direction to issue a Certificate of Determination in respect of those bills of costs; (7) The balance of the appeal is dismissed; (8) The costs of the appeal and the cross appeal are reserved for further argument.

CATCHWORDS : Appeal against costs assessor's decision - Estoppel - Charge out rates and GST - Photocopying - Calculation of interest - Costs LEGISLATION CITED : Legal Profession Act 1987 Supreme Court Act 1970 Blair v Curran (1939) 62 CLR 462 CASES CITED : Brewer v Brewer (1953) 88 CLR 1 Commonwealth v Sciacca (1998) 17 FCR 476 Marr v White Constructions (1991) 32 FCR 425 Clement Anthony Gye (Plaintiff)