Frumar v The Owners of Strata Plan 36957

(2006) 67 NSWLR 321; [2006] NSWCA 278

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Assessment of costs
3. › Costs assessor
4. › Review by costs review panel
5. › Requirement to give reasons for determination
6. › Whether statement that amount of profit costs was fair and reasonable constituted adequate reasons
7. › Whether reasons sufficient to enable meaningful exercise of right of appeal
8. › Legal Profession Act 1987 (NSW), ss 208F, 208JAA, 208KG
9. › Legal Profession Regulation 2002 (NSW), reg 68(1)
1. Costs
2. › Assessment of costs
3. › Costs payable under court order
4. › Scope of costs order
5. › Whether general order for costs of proceedings included costs of cross-claims between co-defendants
6. › Whether cross-claim costs within scope of order that plaintiff pay defendants' costs
1. Costs
2. › Assessment of costs
3. › Review by costs review panel
4. › Obligation to independently determine application
5. › Whether panel discharged its function by deferring to costs assessor's reasoning
6. › Legal Profession Act 1987 (NSW), s 208KC

Quick Take

A costs assessor or costs review panel must provide reasons that explain the basis of the assessment — whether by adjustment of items in the bill or by independent assessment — sufficient to enable a meaningful exercise of the right of appeal. A bare statement that an amount is fair and reasonable is inadequate. A general order that a plaintiff pay the defendants' costs does not extend to costs of cross-claims between co-defendants; a Bullock or Sanderson order or other express provision would be required.