Courtney v Chalfen (No 2)

SUPREME COURT OF QUEENSLAND

CITATION:

Courtney v Chalfen (No 2) [2022] QSC 142

PARTIES:

SIMON CHRISTOPHER COURTNEY

(plaintiff)

v
ELEANOR SOPHIE CHALFEN

(defendant)

FILE NO:

2178 of 2020

DIVISION:

Trial

PROCEEDING:

Trial

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

1 August 2022

DELIVERED AT:

Brisbane

HEARING DATE:

19 May 2022 and 26 July 2022

JUDGE:

Dalton J

ORDER:

Refer question back to costs assessor with no directions.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY – COSTS – TAXATION AND OTHER FORMS OF ASSESSMENT – APPEAL REVIEW OR REFERENCE – RELEVANT PRINCIPLES – GENERALLY – where a costs assessor was appointed to assess costs pursuant to a court order – where the costs assessor made directions – where the costs respondent asserted that the directions were not complied with – where the costs assessor invited a request for referral to the court – where the costs respondent requested a referral – where the costs assessor referred a question to the court pursuant to r 717 of the Uniform Civil Procedure Rules 1999 (Qld) – where the question was as to how the costs assessor ought to exercise his discretion – when a court will determine questions posed on referral from a costs assessor

Uniform Civil Procedure Rules 1999 (Qld) rr 705, 706, 717, 720, 722

CGA Law Pty Ltd & Anor v Diane Lawyers Pty Ltd & Anor [2022] QSC 92, cited
Courtney v Chalfen [2020] QCA 294, cited
Courtney v Chalfen [2020] QSC 195, cited
Speets Investment Pty Ltd v Bencol Pty Ltd, unreported, Supreme Court of Queensland, 17 September 2021, Boddice J, cited

COUNSEL:

The plaintiff appeared on his own behalf
C Doyle for the defendant

SOLICITORS:

HopgoodGanim Lawyers for the defendant

1. This was the return date of a referral to the Court by a court-appointed costs assessor, Mr Paul Cameron. Rule 717 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) provides as follows:

   “717 Issue or question arising

   (1)A costs assessor appointed to carry out a costs assessment may decline to decide any issue or question arising in relation to the assessment that the costs assessor considers should not be decided by the costs assessor.

   (2)The costs assessor may refer to the court any issue or question arising in relation to the assessment the costs assessor considers should be decided by the court.

   (3)The court may do either or both of the following—

   (a)decide the issue or question referred under subrule (2);

   (b)refer the issue or question to the costs assessor with or without directions.”

2. Also relevant here is r 720 which provides:

   “720 Procedure on assessment

   (1)A costs assessor appointed to carry out a costs assessment is to decide the procedure to be followed on the assessment.

   (2)However, the procedure must be—

   (a)appropriate to the scope and nature of the dispute and the amount in dispute; and

   (b)consistent with the rules of natural justice; and

   (c)fair and efficient.

   …”

3. Lastly I refer to r 722:

   “722 Assessment…