Where a costs review panel's determination is set aside, the underlying costs assessor's determination is not extinguished by any doctrine of merger; the assessor's certificate remains the source of the debt. The statutory protection from liability in s 391 of the Legal Profession Act 2004 (NSW) extends to cover costs orders where the claim is formulated on the basis that the panel acted improperly, provided the review was conducted in good faith. An offer to forgo costs already ordered in a party's favour constitutes a real element of compromise sufficient to engage the indemnity costs provisions of UCPR r 42.15A.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.