McDougall bnf Williams v Gomm

The case of McDougall bnf Williams v Gomm involved a dispute over the approval of a settlement of proceedings for a person subject to a disability. The case was heard in the Supreme Court of New South Wales. The primary legal issue before the court was whether the solicitors who previously acted for the plaintiff should be allowed to seek orders for assessment of the costs they claimed from their former client. This arose from the solicitors' failure to provide a bill in an assessable form to their former client.

The court considered its obligations to disabled persons on applications for approval of costs. The court concluded that it was appropriate to refer the determination of the reasonable legal costs, including disbursements, to a costs assessor for assessment, inquiry, and report on the costs questions arising from these proceedings. The court also directed the solicitors to provide a copy of specific documents to the plaintiff's current solicitor within a specified timeframe. The court granted liberty to the parties, including the costs assessor, to apply to the Deputy Chief Justice in relation to costs and other issues arising from this appointment. The proceedings were listed for further directions and orders.

In conclusion, the court referred the assessment of costs to a costs assessor and directed the solicitors to provide specific documents to the plaintiff's current solicitor. The court also granted liberty to the parties to apply to the Deputy Chief Justice in relation to costs and other issues arising from this appointment. The proceedings were listed for further directions and orders.