Stevenson v Zafra Pty Ltd

Mrs Candice Margaret Stevenson sought to have two costs agreements set aside, one with Wilson & Atkinson Pty Ltd and the other with Zafra Pty Ltd, on the basis that they were not fair or not reasonable. The costs agreements were in relation to proceedings in the Federal Court in which Mrs Stevenson was a defendant. The applications were dismissed by the master of the Supreme Court of Western Australia. Mrs Stevenson appealed against the decision of the master. The appeal was dismissed. The appeal was dismissed for two reasons. First, none of the grounds of appeal were made out. Second, even if the appeal had been successful, it would not have served the interests of justice to exercise the power to set aside the costs agreements. The latter was so because Mrs Stevenson had effectively received an indemnity for her legal costs, in the form of shares, cash, and insurance proceeds. The appeal was dismissed on all grounds.