ASSESSMENT OF COSTS - LEGAL PROFESSION ACT 1987 - APPEAL UNDER SECTION 208L. On appeal under s 208L to the court, a costs assessor’s determination of costs was set aside. Section 208L give a right of appeal against “ a decision ... as to a matter of law ”. Held: that the ground on which the costs assessor’s determination was set aside did not involve “ a decision ... as to a matter of law ”.
COSTS OF APPEAL UNDER SECTION 208L AGAINST ASSESSMENT OF COSTS. The Attorney-General as amicus curiae argued that the same limited costs powers as the Legal Profession Act gave to costs assessors should apply in appeals to the court from the determinations of costs assessors. Held: there was no sufficient indication in the Legal Profession Act to warrant a conclusion that the court did not have its ordinary powers as to costs upon decision of an appeal under s 208L.
ORDERS
1. Leave to appeal against orders of Master Harrison granted. 2. Appeal allowed. 3. Orders of Master Harrison set aside. 4. The costs of the client in this court (in which she was the claimant/appellant) and in the proceedings before Master Harrison (in which she was the respondent) are to be borne by the solicitor (the opponent/respondent in this court and the appellant before Master Harrison).
THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL
CA 41084/98 CLD 11885/98
MASON P PRIESTLEY JA STEIN JA
Tuesday, 26 October 1999
LARSEN v VILE
1 MASON P: I agree with Priestley JA. 2 PRIESTLEY JA:
Introduction :
On 4 December 1998, Master Harrison upheld an appeal by a solicitor against a decision of a costs assessor as to a matter of law arising in proceedings in which the costs assessor made a determination of an amount of costs payable by a client…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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AGLC
Larsen v Vile [1999] NSWCA 397
Case
[1999] NSWCA 397
Decision Date
CaseChat Overview and Summary
Larsen v Vile concerned an appeal to the New South Wales Court of Appeal regarding the assessment of costs. The appellant, Larsen, sought to challenge a decision concerning the costs awarded in a previous proceeding.
The primary legal issue before the Court of Appeal was whether the costs awarded in the original proceeding were to be assessed under the provisions of the *Legal Profession Act 1987* (NSW) and, specifically, whether an appeal under section 208L of that Act was the appropriate avenue for challenging such an assessment.
The Court of Appeal determined that the appeal was properly brought under section 208L of the *Legal Profession Act 1987* (NSW). The Court found that the assessment of costs in the original proceeding had been conducted incorrectly, leading to an erroneous outcome. Consequently, leave to appeal was granted, and the appeal was allowed.