HODGKINSON -v- DOEPEL & ASSOCIATES ARCHITECTS PTY LTD [2006] WASC 237 (S)
| Link to Appeal : |
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2006] WASC 237 (S) | |
| Case No: | CIV:2698/2001 | 15-19, 22-26, 29 & 30 AUGUST 2005, 7 MARCH 2007 | |
| Coram: | SIMMONDS J | 27/10/06 | |
| 5/06/07 | |||
| 32 | Judgment Part: | 1 of 1 | |
| Result: | Application for special costs order granted in respect of certain items | ||
| B | |||
| PDF Version |
| Parties: | EDWARD WILLIAM HODGKINSON DOEPEL & ASSOCIATES ARCHITECTS PTY LTD (ACN 069 628 440) KELLY SUSAN HODGKINSON |
Catchwords: | Costs Application for special costs Legal Practice Act 2003 (WA), s 215 Removal of time limits Whether costs allowable under Legal Costs Determinations are inadequate Turns on own facts |
Legislation: | Legal Practice Act 2003 (WA), s 210, s 215 Legal Practitioners Act 1893 (WA), s 58W Rules of the Supreme Court, O 66 r 12(1), O 66 r 13(c) |
Case References: | Flotilla Nominees Pty Ltd v Western Australian Land Authority [2003] WASC 122(S) Green v Wilden Pty Ltd [2005] WASC 83 Hodgkinson v Doepel & Associates Architects Pty Ltd [2006] WASC 237 SDS Corporation Ltd v Pasdonnay Pty Ltd [2004] WASC 26 (S2) Tipperary Developments Pty Ltd v The State of Western Australia [2006] WASC 137 Townsend v Collova [2005] WASC 4(S) |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
DECISION : 5 JUNE 2007 FILE NO/S : CIV 2698 of 2001 BETWEEN : EDWARD WILLIAM HODGKINSON
- Plaintiff
AND
DOEPEL & ASSOCIATES ARCHITECTS PTY LTD (ACN 069 628 440)
Defendant
(BY ORIGINAL ACTION)
DOEPEL & ASSOCIATES ARCHITECTS PTY LTD (ACN 069 628 440)
Plaintiff by Counterclaim
AND
EDWARD WILLIAM HODGKINSON
First Defendant by Counterclaim
- KELLY SUSAN HODGKINSON
Second Defendant by Counterclaim
(BY COUNTERCLAIM)
Catchwords:
Costs - Application for special costs - Legal Practice Act 2003 (WA), s 215 - Removal of time limits - Whether costs allowable under Legal Costs Determinations are inadequate - Turns on own facts
Legislation:
Legal Practice Act 2003 (WA), s 210, s 215
Legal Practitioners Act 1893 (WA), s 58W
Rules of the Supreme Court, O 66 r 12(1), O 66 r 13(c)
Result:
Application for special costs order granted in respect of certain items
Category: B
(Page 3)
Representation:
Original Action
Counsel:
Plaintiff : Mr D J Garnsworthy
Defendant : Mr S V Forbes
Solicitors:
Plaintiff : J D Finlay & Co
Defendant : Phillips Fox
Counterclaim
Counsel:
Plaintiff by Counterclaim : Mr S V Forbes
First Defendant by Counterclaim : Mr D J Garnsworthy
Second Defendant by Counterclaim : Mr D J Garnsworthy
Solicitors:
Plaintiff by Counterclaim : Phillips Fox
First Defendant by Counterclaim : J D Finlay & Co
Second Defendant by Counterclaim : J D Finlay & Co
Case(s) referred to in judgment(s):
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- Case
- [2006] WASC 237 (S)
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court was required to decide was whether the costs awarded to Hodgkinson under the Legal Costs Determinations were inadequate. The court had to consider whether there were circumstances that justified the imposition of special costs, particularly in light of section 215 of the Legal Practice Act 2003 (WA). This section allows for the removal of time limits for the recovery of costs where the costs awarded are deemed inadequate. The court had to determine whether Hodgkinson's situation warranted the application of this provision.
The court found that the costs awarded to Hodgkinson were indeed inadequate. It held that the circumstances of the case were unique and warranted the imposition of special costs. The court relied on the specific facts of the case to justify its decision, noting that the costs awarded did not fully compensate Hodgkinson for the services rendered. The court granted the application for special costs in respect of certain items, allowing for the recovery of additional costs beyond those determined under the Legal Costs Determinations.
The court made an order granting the application for special costs in respect of specific items. This order enabled Hodgkinson to recover additional costs that were not covered by the Legal Costs Determinations, providing a measure of compensation for the inadequacy of the initial costs awarded.
Orders
Orders of the court
Application for special costs order granted in respect of certain items
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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