The Court upheld the Manager, Costs Assessment's decision to extend time under s 198(4) LPUL for a barrister to have costs assessed against instructing solicitors more than five years out of time, finding on the facts that the delay was adequately explained by the solicitors' repeated representations that the bill was not disputed and would be paid. The Court held that the instructing firm suffered no actual prejudice from the delay, as the inability to recover fees from wound-up client companies was not causally connected to the barrister's delay in seeking assessment, and the existence of concurrent District Court proceedings did not constitute prejudice attributable to the extension. The Court confirmed that on r 49.19 review it exercises the s 198(4) discretion afresh, and that considerations of utility — including preserving a costs applicant's position in related litigation — are relevant to the 'just and fair' assessment.
The full text is available to signed-in members, including the 1 later case that cites this judgment.