Southwell v Jackson

Southwell sought review of costs assessed against them by a costs assessor. Jackson, the respondent, had been awarded costs in the original proceedings, and Southwell appealed the assessment of those costs. The dispute centred on the assessment of itemised bills for legal services rendered and the costs associated with terminating the retainer. The court was tasked with determining whether the entire assessment should be set aside and whether certain costs were claimable after the retainer was terminated.

The legal issues before the court included whether the whole assessment should be set aside and if the care and consideration claimed after the retainer was terminated were indeed claimable. Additionally, the court had to decide if the costs of the itemised bills were properly assessed. The court had to carefully review the certificates of the costs assessor and the claims made by both parties.

The court found that the costs assessor had made errors in his assessment. Specifically, the court found that the entire assessment should not be set aside, but that certain adjustments were necessary. The court reduced the amount payable by Southwell from $29,972.37 to $21,004.37, taking into account the professional fees and disbursements, and deducting the costs of the assessment. The court also confirmed the other two certificates of the costs assessor.

The final orders of the court were to vary the certificate of the costs assessor filed on 5 August 2011 so that the costs payable pursuant to the bill became $21,004.37. The court confirmed the other two certificates of the costs assessor.