Emprove Holdings Pty Ltd v Tucker & Cowen Solicitors

[2017] QCA 128

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs assessment
4. › Appointment of costs assessor
5. › Whether hearing was a 'directions hearing' under UCPR 743G
6. › Whether appointment of assessor beyond power
7. › Uniform Civil Procedure Rules 1999 (Qld), r 743G
1. Practice and Procedure
2. › Costs
3. › Costs assessment
4. › Discretion to proceed to appoint assessor
5. › Whether deferral required pending determination of liability under client agreement
6. › Legal Profession Act 2007 (Qld), ss 335, 339
1. Appeal
2. › Leave to appeal
3. › District Court of Queensland Act 1967 (Qld), s 118(3)
4. › Whether sufficient prospects of success
5. › Whether important question of law or general public importance

Quick Take

UCPR 743G(1) is permissive: a court may dispense with a directions hearing in a costs assessment application and proceed directly to appoint an assessor. The appointment of a costs assessor is interlocutory and does not preclude a person from later contesting whether the assessment can be enforced against them personally.

Case Details

Citation[2017] QCA 128

CourtQCA

JurisdictionQueensland

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Relies on2

2008QUYD P/L v Marvass P/LQCA 257
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