Hall Chadwick v Doyle [2006] NSWSC 1195

New South Wales Supreme Court

CITATION : Hall Chadwick v Doyle [2006] NSWSC 1195

HEARING DATE(S) : 22 August 2006

JUDGMENT DATE : 14 November 2006

JUDGMENT OF : Rothman J

DECISION : (i) Appeal against the determination of Costs Assessor Salier of 4 July 2006 between the parties hereto is allowed; (ii) The certificate issued by Costs Assessor Salier on 4 July 2006 is set aside; (iii) The judgment dependent upon the said Costs Certificate, purportedly entered on 12 July 2006 and taken out on 27 July 2006, is set aside; (iv) The Court declares that no fees are payable pursuant to the terms of the Conditional Costs Agreement between the parties dated 30 September 2004; (v) The defendant shall pay the plaintiff's costs, as agreed or assessed, of the Costs Assessment before Costs Assessor Salier; (vi) The defendant shall pay the plaintiff's costs of and incidental to these proceedings, as agreed or assessed; (vii) An Indemnity Certificate pursuant to the Suitors' Fund Act 1951 is issued to the defendant for any costs arising out of these orders.

CATCHWORDS : CIVIL LAW - costs - conditional costs agreement - award of money on Arbitration not success because of priorities of payments owing - jurisdictional limitation - jurisdiction to overturn or quash a costs assessment certificate which was taken as a judgment of the Court under statute - wide inherent jurisdiction of Supreme Court of NSW - common law exceptions to finality of judgment

Building and Construction Security of Payment Act 1999 (NSW) Charter of Justice Civil Liability Act 2002 Constitution of Australia LEGISLATION CITED : Legal Profession Act 1987 Legal Profession Act 2004 Legal Profession Reform Act 1993 Supreme Court Act 1970 The Judicature Act 1873 (UK)