Alhalek v Kells the Lawyers

The case of Alhalek v Kells the Lawyers involved a plaintiff who sought costs from the defendant law firm. The plaintiff argued that the defendant's costs were excessive and unreasonable. The matter was referred to a costs manager for assessment. The plaintiff subsequently made a late application to review the costs certificate issued by the costs manager. The defendant objected to the application on the basis of its lateness, and the plaintiff sought an extension of time to make the application. The plaintiff further argued that the manager had failed to take into account relevant considerations and that the plaintiff had been denied procedural fairness.

The court was required to determine whether the plaintiff's application to review the costs certificate was made outside the statutory time limit and, if so, whether the plaintiff was entitled to an extension of time under section 83(1) of the Legal Profession Uniform Law Application Act 2014 (NSW). The court was also required to consider whether the plaintiff was denied procedural fairness and whether the manager failed to take into account relevant considerations in issuing the costs certificate.

The court found that the plaintiff's application to review the costs certificate was indeed made outside the statutory time limit. However, the court held that the plaintiff was not entitled to an extension of time because the plaintiff had failed to establish any of the grounds specified in section 83(1) of the Act. The court also found that the plaintiff had not been denied procedural fairness and that the manager had taken into account all relevant considerations in issuing the costs certificate. The court dismissed the plaintiff's application to review the costs certificate.

The court ordered that the plaintiff pay the defendant's costs of the application to review the costs certificate, including the costs of the defendant's appearance before the court on the application. The court also ordered that the plaintiff pay interest on the costs from the date of the costs certificate until the date of the order. The court did not make any order as to the costs of the defendant's appearance before the court on the application to extend time.