Rural and General Insurance v Goldsmiths Lawyers (No 2) [2012] NSWSC 1566

Supreme Court New South Wales

Medium Neutral Citation: Rural and General Insurance v Goldsmiths Lawyers (No 2) [2012] NSWSC 1566 Hearing dates: 10 May and 17 September 2012 (written submissions) Decision date: 14 December 2012 Jurisdiction: Common Law Before: Hall J Decision: The defendant is to pay 85% of the plaintiff's costs of and incidental to the proceedings on the ordinary basis. Catchwords: COSTS - Costs assessment - Misdescription of applicant for costs assessment (the plaintiff in the present proceedings) - Costs Assessor found no jurisdiction to amend original application - subsequent application out of time - Review Panel found no error on part of Costs Assessor - Supreme Court found Review Panel fell into error in determining matter in favour of costs respondent - plaintiff successful in obtaining limited order for itemised bill per s 728 of the Legal Profession Act 2005 - whether plaintiff entitled to costs order against defendant - plaintiff not entitled to indemnity costs but entitled to 85% of costs on the ordinary basis because he was largely successful in obtaining itemised bill of costs. Legislation Cited: Civil Procedure Act 2005 Legal Profession Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Rural and General Insurance v Goldsmiths Lawyers [2012] NSWSC 358 Category: Costs Parties: Rural and General Insurance Broking Pty Ltd (Plaintiff) Barrie Goldsmith t/as Goldsmiths Lawyers ACN 093 483 928 (Defendant) Representation: Solicitors: Charles Pratten (Plaintiff) Goldsmith Lawyers (Defendant) File Number(s): 2010/390368