Chapmans Ltd v Yandell

Case

[1999] NSWCA 361

29 September 1999


Details
AGLC Case Decision Date
Chapmans Ltd v Yandell [1999] NSWCA 361 [1999] NSWCA 361 29 September 1999

CaseChat Overview and Summary

Chapmans Ltd, a firm of solicitors, appealed to the Court of Appeal of New South Wales against a Master's decision refusing them leave to appeal a costs dispute with their former client, Yandell. The dispute concerned the amount of costs owed by Yandell to Chapmans Ltd.

The central legal issue before the Court of Appeal was the interpretation and application of section 208M of the *Legal Profession Act 1987* (NSW), which governs the requirement for leave to appeal in certain costs disputes. The court was asked to determine the purpose of this leave requirement and whether the Master had erred in refusing leave to appeal.

The Court of Appeal held that section 208M was intended to prevent frivolous or unmeritorious appeals in costs disputes from proceeding to a full appeal. The court found that the Master had correctly applied this test and that there was no error in the Master's refusal to grant leave to appeal. Accordingly, the appeal was dismissed.
Details

Areas of Law

  • Civil Procedure

  • Commercial Law

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

  • Statutory Construction

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Cases Citing This Decision

59

Sherd v The Queen [2011] ACTCA 17
Wentworth v Rogers [2006] NSWCA 145
Cases Cited

2

Statutory Material Cited

0

CDJ v VAJ [1998] HCA 67
CDJ v VAJ [1998] HCA 67