RURAL AND GENERAL INSURANCE v GOLDSMITHS LAWYERS [2012] NSWSC 358

Supreme Court New South Wales

Medium Neutral Citation: RURAL AND GENERAL INSURANCE v GOLDSMITHS LAWYERS [2012] NSWSC 358 Hearing dates: 8, 9, 18 August 2011 Decision date: 27 April 2012 Jurisdiction: Common Law Before: HALL J Decision: I make the following orders: (1) A declaration that the Costs Assessor, John Hope Gibson erred in law in his decision on 11 November 2009 by determining that he had no jurisdiction to assess the Application for Assessment of Costs lodged on 22 December 2008. (2) An order quashing the Certificate of Determination of Costs Assessor John Hope Gibson issued on 11 November 2009. (3) A declaration that the Review Panel erred in law in affirming the Costs Assessor's determination that he had no jurisdiction or power and in determining in its Reasons for Determination on 15 September 2010 that the Costs Assessor's reasons were correct and should not be disturbed. (4) An order quashing the Certificate of Determination of Costs by Costs Review Panel issued on 15 September 2010. (5) An order that the Certificate of Determination of Costs of Review issued by the Review Panel on 15 September 2010 in the sum of $1,405.25 in Costs Review No 2008/00020713 be set aside. (6) A declaration that the Costs Assessor had jurisdiction to determine the Application for Assessment of Costs filed in costs assessment 2008/00020713. (7) An order pursuant to s 728 of the Legal Profession Act 2004, that the defendant give to the plaintiff an itemised bill of costs in respect of legal services provided by the defendant in the matter of Rural & General Insurance Broking Pty Ltd v Australian Prudential Regulation Authority for the period to which the bill of costs, the subject of Costs Assessment 2008/00020713, relates. The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis