NSW Caselaw
New South Wales Supreme Court
CITATION : Dunn v Jerrard & Stuk Lawyers [2009] NSWSC 681 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 13 July 2009
JUDGMENT DATE : 23 July 2009
JURISDICTION : Common Law
JUDGMENT OF : Davies J
DECISION : (1) Order that the appeal pursuant to s 208KL of the Legal Profession Act 1987 against the decisions of the Review Panel contained in the Certificate of Determination of Costs and the Certificate of Determination of Costs of Review, both issued 13 March 2008, be allowed. (2)Remit these decisions to the Review Panel.(3) Order that the Review Panel redetermine the application. (4)Order that the application pursuant to s 208M of the Legal Profession Act 1987 for leave to appeal against the decisions of the Review Panel identified in the Certificate of Determination of Costs and the Certificate of Determination of Costs of Review, both issued 13 March 2008, be dismissed.
CATCHWORDS : COSTS – assessment – costs assessor – review panel – adequacy of reasons – basis of assessment of all disputed costs must be explained – statement of reasons must be sufficiently precise to give meaningful content to rights of appeal – sufficient to specify how disputed costs of the same kind were treated – failure to provide sufficient reasons.
Legal Practice Act 1996 (Vic) Legal Profession Act 1987 LEGISLATION CITED : Legal Profession Act 2004 Legal Profession Amendment (Costs Assessment) Act 1998 Legal Profession Regulation 2002
Attorney-General of New South Wales v Kennedy Miller Television Pty Ltd (1998) 43 NSWLR 729 Cassegrain v CTK Engineering [2008] NSWSC 457 Chapman's Limited v Yandell [1999] NSWCA 361 Frumar v The Owners of Strata Plan 36597 [2006] NSWCA 278 Honest Remark Pty Ltd v Allstate Explorations NL [2008] NSWSC 439 CASES CITED : Kennedy Miller Television Pty Ltd v Lancken (Supreme Court, 1 August 1997, unreported) Law Institute of Victoria Ltd v Nagle [2005] VSC 35 O'Connor v Fitti [2000] NSWSC 540 Randall Pty Ltd v Willoughby City Council [2009] NSWDC 118 Victorian Lawyers RPA Limited v Bailey [2000] VSC 162 Wentworth v Rogers [2006] NSWCA 145
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