Brierley v Reeves

The appeal concerned an application made to the Proper Officer for the assessment of a bill of costs under the *Legal Profession Act 1987* (NSW). The central issue was whether the application was validly made when it was not accompanied by the prescribed fee. The Court of Appeal of New South Wales was required to determine the consequences of this omission.

The legal question before the court was whether the failure to pay the prescribed fee at the time of filing the application for assessment rendered the application a nullity or merely an irregularity that could be cured. The court had to consider the statutory requirements for making such an application and the effect of non-compliance with those requirements.

The court held that the payment of the prescribed fee was a condition precedent to the Proper Officer having jurisdiction to entertain the application for assessment. Therefore, the application, not being accompanied by the fee, was not a valid application and was a nullity from its inception. The appeal was dismissed with costs.