An application for special costs orders under s 215(2) of the Legal Practice Act 2003 (WA) requires a fairly arguable case that costs would exceed the prescribed limits, assessed as a matter of impression. Evidence in support must provide sufficient detail of professional time, practitioners involved, and rates to enable meaningful comparison with the costs determination allowances; bare estimates without supporting particulars are of little or no value. The importance of the proceedings to the parties, including the value of the asset in dispute and competitive significance, is relevant to assessing the degree of work properly done.
The full text is available to signed-in members, including the 39 later cases that cite this judgment.
5 of the 39 citing cases carry a classified treatment. How each court treated it is available to signed-in members.