Ralph Lauren 57 Pty Ltd v Conley

Ralph Lauren 57 Pty Ltd v Conley is a decision from the Queensland Supreme Court, addressing the issue of costs assessment in civil proceedings. The matter involved an application for costs assessment by Conley, the respondent, against Ralph Lauren 57 Pty Ltd, the applicant. The primary dispute centred on the payment of costs assessment fees and the timing of the filing of the Costs Assessor’s Certificate.

The court was required to decide whether the Costs Assessor could lawfully demand payment of their fees before the filing of the Costs Assessor’s Certificate, and if the applicant for the costs assessment had an obligation to pay these fees before the certificate was filed. This legal issue was significant because it touched on the interpretation of the relevant procedural rules governing costs assessment and the respective obligations of the parties involved.

The court found that the overriding philosophy of the costs assessment regime was that a Costs Assessor’s fees are generally payable by the party who sought the assessment. Under rule 740 of the Uniform Civil Procedure Rules 1999 (Qld), the Costs Assessor’s fees are payable by the party who applied for the assessment, and these fees are to be included in that party’s costs of the assessment. The court noted that there was no requirement for the Costs Assessor’s fees to be paid before the Assessor’s Certificate could be filed. Therefore, the court concluded that the Costs Assessor had no right to payment of their fees until after the Certificate of Assessment was filed. The court further held that the invoice for the Costs Assessor’s fees, addressed to Ralph Lauren, was improperly issued, as it was Conley who applied for the costs assessment.

ORDERS:
1. In each proceeding the Certificate of Assessment is to be filed by the Costs Assessor in the Brisbane Supreme Court Registry by 6 September 2016.