costs assessed under Legal Profession Act 2004 (NSW)
Quick Take
1Under UCPR r 36.15(1), the focus is on whether the judgment itself was given, entered or made irregularly, illegally or against good faith; irregularities or misconduct occurring in earlier proceedings or in the underlying dispute do not satisfy the rule (applying Perpetual Trustees Australia Ltd v Heperu Pty Ltd (No 2)).
2Where a costs certificate issued under the Legal Profession Act 2004 (NSW) has not been set aside and an appeal on questions of law has been dismissed, the resulting costs judgment entered under s 368(5) and UCPR r 36.10 cannot be impugned on the basis of arguments already unsuccessfully advanced on the assessment and appeal.
3A settlement of proceedings that did not address a solicitor's own costs, and in which leave to amend to pursue those costs was refused on case management grounds, does not preclude the solicitor from later pursuing a statutory costs assessment of those costs under the 2004 Act.
