CITATION: Gorczynski v AWM Dickinson & Son [2005] NSWSC 277
HEARING DATE(S): 31 March 2005
JUDGMENT DATE :
6 April 2005JURISDICTION: Common Law Division
JUDGMENT OF: Master Harrison
DECISION: (1) The appeal is dismissed; (2) Leave to appeal is refused; (3) The determination of the Costs Review Panel dated 9 September 2003 is affirmed; (4) The amended summons filed 3 December 2004 is dismissed; (5) The plaintiff is to pay the defendant's costs as agreed or assessed.
CATCHWORDS: Appeal decision of Review Panel - two bills of costs - the second one being for a higher amount - adequacy of reasons
LEGISLATION CITED: Legal Profession Act 1987 (NSW) s 208L
CASES CITED: Bowen & Ors t/as Duffield & Duffield Solicitors v Campbell & Anor (NSWSC, 2 December 1997, unreported)
CDJ v VAJ [1998] HCA 67
Chapmans Ltd v Yandell (t/as Yandells) [1999] NSWCA 361
Coulter v Regina (1988) 164 CLR 350
Croker v Commissioner of Taxation [2001] NSWSC 188
Florence Investments Pty Ltd v H G Slater & Co [1975] 2 NSWLR 398
Larsen v Vile [1999] NSWCA 397
Madden v NSW IMC [1999] NSWSC 196PARTIES: Peter Francis Gorczynski
(Plaintiff)Bruce Wallace Arnold Dickinson & Andrew Wallace Bruce Dickinson t/as AWM Dickinson & Son
FILE NUMBER(S): SC 13358/2004
COUNSEL: Mr M L Brabazon
(Plaintiff)Mr J Gruzman
(Defendant)SOLICITORS: Mr M Cassin,
Brian Muir & Company
(Plaintiff)Mr A Dickinson,
AWM Dickinson & Son
(Defendant)
LOWER COURT JURISDICTION: Costs Review Panel
LOWER COURT FILE NUMBER(S): 91162/2003
LOWER COURT JUDICIAL OFFICER : Members Mr G A Walsh & Mr G A Salier
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISIONMASTER HARRISON
13358/2004 - PETER FRANCIS GORCZYNSKI vWEDNESDAY, 6 APRIL 2005
BRUCE WALLACE ARNOLD DICKINSONJUDGMENT (Appeal decision of Review Panel
and ANDREW WALLACE BRUCE DICKINSON t/as AWM DICKINSON & SON
- two bills of costs – the second one
being for a higher amount – adequacy
of reasons)
1 MASTER: By amended summons filed 3 December 2004, the plaintiff seeks: firstly, an order that the time for filing an appeal be extended; secondly, an order pursuant to s 208L of the Legal Profession Act 1987 (NSW) (the Act) setting aside the determination of the Costs Review Panel dated 9 September 2003; thirdly, an order pursuant to s 208M of the Act granting leave to appeal to this court from the determination of the Review Panel and for this court to hear and determine the appeal; fourthly, the plaintiff seeks a redetermination of the defendant’s costs assessment application; fifthly, a declaration that the defendants are not entitled to costs for legal services which are in excess of the amounts claimed in their bill dated 14 January 2003; sixthly, a declaration that the defendants are not entitled to costs for legal services which are in excess of the amounts claimed in their bill dated 4 February 2003; seventhly, an order for reference to a referee appointed by the court for inquiry and report by the referee…
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- AGLC
- Gorczynski v AWM Dickinson & Son [2005] NSWSC 277
- Case
- [2005] NSWSC 277
- Decision Date
CaseChat Overview and Summary
The legal issues that the court was required to decide revolved around whether the Review Panel had provided sufficient reasons for the approval of the second bill of costs, which was for a higher amount than the first. The appellant argued that the Review Panel had failed to provide adequate reasons, while the respondent contended that the reasons provided were sufficient. The court had to consider whether the Review Panel's decision was lawful, rational, and transparent, and whether the reasons provided were adequate to justify the approval of the second bill of costs.
The court, in its reasoning, examined the Review Panel's decision and the reasons provided for approving the second bill of costs. It was determined that the Review Panel had failed to adequately explain the basis for the approval of the second bill of costs, particularly in relation to the higher amount. The court held that the Review Panel's decision was not adequately reasoned and, as a result, the approval of the second bill of costs was quashed. The court emphasised the importance of providing clear and detailed reasons for such decisions to ensure transparency and accountability in the legal process.
As a result of the court's decision, the Review Panel's approval of the second bill of costs was quashed, and the matter was remitted back to the Review Panel for reconsideration. The court did not provide any further orders or directions in relation to the dispute.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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