Collins v Marinovich

The case of Collins v Marinovich involved a dispute regarding costs in a proceeding in the Queensland Supreme Court. The applicant, Collins, sought a review of the costs assessment conducted by the costs assessor, Mr Robinson, who had determined the costs attributable to the first respondents only, apportioned certain costs between the first and second respondents, and directed that the applicant deliver a costs statement for its costs of the proceeding, excluding the costs of paragraph one of the originating application. The issue before the court was whether Mr Robinson's decision was manifestly wrong, and if so, whether the assessment should be remitted to another cost assessor or to the same cost assessor.

The court examined the relevant legal principles, including UCPR r 742, which governs the review of a costs assessor's decision. The court noted that the costs order made by the trial judge required the second respondent to pay the applicant's costs of the proceeding, and the first respondents to pay the applicant's costs of paragraph one of the originating application. The court found that the costs assessor's decision to assess costs only attributable to the first respondents and to apportion joint costs of paragraph one of the originating application and not to assess the second respondent's costs was manifestly wrong. The court also determined that if the decision was set aside, the assessment should be remitted to the same cost assessor.

In conclusion, the court allowed the application for review and set aside the decisions made by the costs assessor. The costs assessment was remitted back to Mr Robinson to be conducted on the basis that the first and second respondents were jointly and severally liable for the applicant's costs of paragraph one of the originating application, and of the reasons for judgment of Muir J dated 9 August 2023. Additionally, the first respondents were ordered to pay the applicant's costs of obtaining Mr Robinson's reasons for the decision made by him in the Certificate, as well as the applicant's costs of the application filed on 25 November 2022.