Ritson v Commissioner of Police, New South Wales Police Force

In *Ritson v Commissioner of Police, New South Wales Police Force*, the Supreme Court of New South Wales was asked to determine whether a judgment entered under section 369 of the *Legal Profession Act 1987* (NSW) was irregular. The dispute concerned the inclusion of the costs assessor's fees within the judgment amount.

The central legal issue before the Court was whether a judgment entered upon the filing of a section 369 Certificate, which included the costs assessor's fees, was irregular because it was perceived to be in favour of the Manager, Costs Assessment, a non-party, rather than the party who filed the certificate.

Garling J, in his decision, found that the judgment was not irregular. His Honour reasoned that the fees of a costs assessor are included within the definition of "costs" of a costs assessment under section 369(10) of the *Legal Profession Act*. The Act obliges the costs assessor to determine who should pay these costs, and this determination is recorded in a Certificate which, upon filing in a competent court, becomes a judgment. Garling J clarified that the Manager, Costs Assessment is not a party to the costs assessment process or the resulting judgment, but rather an administrator of the scheme. The judgment is a regular one between the parties to the costs assessment, enforceable as any other court judgment. His Honour expressly disagreed with the contrary view expressed in *Kassem*, finding it erroneous in the absence of specific legislative provision for the Manager to be the beneficiary of such a judgment.