J and B

In the matter of J and B, Bennett J of the Supreme Court of New South Wales considered an application to set aside a costs assessment order. The dispute concerned the validity and fairness of a prior costs assessment, with the applicant seeking to have that assessment reviewed and set aside.

The central legal issue before the court was whether the Registrar's costs assessment order of 24 May 2006 should be set aside. This required the court to consider the grounds upon which such an order could be overturned and whether the circumstances of this case warranted such an intervention.

Bennett J determined that the Registrar's order should be set aside. The court reasoned that it was appropriate to extend the time for the application to set aside the costs order and to grant the application itself. Consequently, the matter was referred back to a Registrar for a fresh assessment hearing, with detailed directions provided for the filing and service of material by both parties in preparation for this new assessment.