Lessbrook Pty Ltd (in liq) v Whap

In the matter of Lessbrook Pty Ltd (in liquidation) versus Whap, the court addressed a dispute concerning costs and the procedure for appointing a costs assessor. The case arose from proceedings where the appellant, Lessbrook Pty Ltd (in liquidation), was ordered to pay costs to the respondent, Whap. Both parties subsequently nominated different costs assessors. The registrar appointed the costs assessor nominated by the appellant, but the respondent applied for an appeal against this decision. The primary judge subsequently set aside the registrar’s order and appointed the costs assessor nominated by the respondent.

The legal issues before the court included whether the primary judge had erred in setting aside the registrar’s order and whether the appeal was limited to costs only, as defined under the Supreme Court of Queensland Act 1991. Additionally, the court considered whether the appellant should be granted leave to amend its notice of appeal to include an appeal against the primary judge's refusal of an application for leave to appeal.

The court found that the primary judge had indeed erred in setting aside the registrar’s order and thus in appointing a different costs assessor. The court held that the appeal was not strictly limited to costs, and therefore, the primary judge's decision to set aside the registrar's order was reviewable. The court also granted the appellant leave to amend its notice of appeal to include an appeal against the primary judge's refusal of leave to appeal. Consequently, the appeals were allowed, the orders made on 2 September 2013 were set aside, and the respondent was ordered to pay the appellant's costs for each appeal and the related applications to the registrar.