eInduct Systems Pty Ltd v 3D Safety Services Pty Ltd

(2015) 90 NSWLR 451; [2015] NSWCA 284

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Review of District Court decision
4. › Appeal from costs review panel
5. › Whether reviewable error of law demonstrated
6. › Supreme Court Act 1970 (NSW), s 69
1. Costs
2. › Assessment of costs
3. › Costs assessor and costs review panel
4. › Whether s 60 of Civil Procedure Act 2005 (NSW) applies to costs assessors
5. › Whether costs assessors are part of a 'court'
6. › Civil Procedure Act 2005 (NSW), s 60
1. Costs
2. › Assessment of costs
3. › Proportionality
4. › Whether s 364 of Legal Profession Act 2004 (NSW) requires proportionality assessment
5. › Whether 'outcome of the matter' is a mandatory consideration
6. › Legal Profession Act 2004 (NSW), s 364
1. Costs
2. › Assessment of costs
3. › Indemnity principle
4. › Whether legal liability to pay costs depends on rendering of invoice
5. › Whether all jointly and severally liable defendants entitled to costs certificate
6. › Legal Profession Act 2004 (NSW), ss 353, 367A, 368

Quick Take

Section 60 of the Civil Procedure Act 2005 (NSW) does not govern costs assessments by costs assessors or costs review panels under the Legal Profession Act 2004 (NSW), as costs assessors are not part of a 'court'. Section 364 of the LPA does not mandate a proportionality assessment; the 'outcome of the matter' is a non-mandatory consideration under s 364(2)(f). The requirement in Wende v Horwath for separate certificates for separate costs orders may not apply where the same parties are involved in the same proceedings and no prejudice results from a composite certificate. The proportionality question may need to be revisited under the Legal Profession Uniform Law (NSW), which uses express proportionality language.