Ferella v Stomo

[2017] NSWCA 268

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Assessment of costs
3. › Party/party costs
4. › Ordered costs
5. › Transitional provisions
6. › Whether Legal Profession Act 2004 (NSW) or Legal Profession Uniform Law (NSW) applied to costs assessment
7. › Where proceedings to which costs related commenced before 1 July 2015
8. › Legal Profession Uniform Law Application Regulation 2015 (NSW), reg 59
9. › Legal Profession Uniform Law Application Act 2014 (NSW), Sch 9
1. Administrative Law
2. › Judicial review
3. › Prerogative relief
4. › Discretionary refusal
5. › Whether relief should be refused where result would have been the same
6. › Supreme Court Act 1970 (NSW), s 69
1. Costs
2. › Indemnity costs
3. › Whether indemnity costs should be ordered
4. › Hopeless application for judicial review
5. › Unreasonable refusal of settlement offers

Quick Take

Regulation 59 of the Legal Profession Uniform Law Application Regulation 2015 (NSW) validly provides that the Legal Profession Act 2004 (NSW) continues to apply to ordered costs where the proceedings to which the costs relate commenced before 1 July 2015. Division 7 of Part 4.3 of the Legal Profession Uniform Law (NSW) applies only to solicitor-client costs and does not apply to party/party costs assessments. Hopeless judicial review applications challenging costs assessments on purely technical grounds with no substantive merit may attract indemnity costs orders.