Larsen v Vile

Case [1999] NSWCA 397


CITATION: Larsen v Vile [1999] NSWCA 397
FILE NUMBER(S): CA 41084/98
HEARING DATE(S): 20 August 1999
JUDGMENT DATE:
26 October 1999

PARTIES :


Uta Larsen v June Vile
JUDGMENT OF: Mason P at 1; Priestley JA at 2; Stein JA at 53
LOWER COURT JURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S) : CLD 11885/98
LOWER COURT JUDICIAL OFFICER: Master Harrison
COUNSEL: Appellant - M.L. Brabazon
Respondent - W.S. Johnson
NSW Attorney General - P. Lakatos
SOLICITORS: Appellant - Richardson Burgin Steer
Respondent Vile & Vile
CATCHWORDS: Assessment of costs - Legal Profession Act 1987 - appeal under s 208L; Costs of appeal under s 208L assessment of costs
ACTS CITED: Legal Profession Act 1987
CASES CITED:
Aafjec v Kearney (1976) 180 CLR 199
Edwards v Bairstow [1956] AC 14
Hawkins v Clayton (1988) 164 CLR 539
Mahony v Industrial Registrar of NSW (1986) 8 NSWLR 1
Waimond Pty Ltd v Byrne (1989) 18 NSWLR 642
DECISION: Leave to appeal granted.; Appeal allowed.

    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

    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…

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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.

Orders

Orders of the court

Leave to appeal granted.; Appeal allowed.

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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