Khoury & Anor v Hiar & Anor

[2006] NSWCA 47

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Order against legally assisted person
3. › Liability for costs
4. › Whether s 47(1)(b) Legal Aid Commission Act 1979 (NSW) protects legally assisted person from personal liability
5. › Whether exceptions in s 47(3) and s 47(4A) apply
6. › Legal Aid Commission Act 1979 (NSW), s 47
1. Costs
2. › Assessment of costs
3. › Certificate filed as judgment
4. › Whether judgment entered on filing of costs assessor's certificate overrides statutory protection from liability
5. › Legal Profession Act 1987 (NSW), s 208J(3)
6. › Legal Aid Commission Act 1979 (NSW), s 47
1. Practice and Procedure
2. › Remedies
3. › Certiorari
4. › Whether entry of judgment on filing of costs assessor's certificate involved excess of jurisdiction
5. › Whether administrative recording of judgment in obedience to statute amenable to certiorari
1. Practice and Procedure
2. › Remedies
3. › Injunction
4. › Restraining enforcement of judgment beyond extent of actual liability
5. › Whether Court of Appeal should fashion injunctive relief where certiorari not available
6. › Supreme Court Act 1970 (NSW), ss 51(2), 63

Quick Take

A judgment entered on the filing of a costs assessor's certificate under s 208J(3) of the Legal Profession Act 1987 (NSW) does not override the protection afforded to legally assisted persons by s 47(1)(b) of the Legal Aid Commission Act 1979 (NSW). The judgment and the statutory non-liability co-exist, and enforcement may be restrained by injunction to the extent the legally assisted person is not liable. The s 47(4A) exception (offer of compromise) only triggers personal liability if the Commission actually exercises its discretion to decline to pay costs.