Wentworth v Rogers

The case of *Wentworth v Rogers* concerned appeals from decisions of a costs assessor and subsequent judicial review in the Common Law Division of the Supreme Court of New South Wales. The central dispute revolved around the liability of the appellant for costs awarded to the respondent, particularly in light of a costs agreement between the respondent and his legal representatives. This agreement stipulated that the respondent was not obliged to pay his lawyers until he successfully recovered costs from the appellant.

The primary legal issues before the Court of Appeal were whether the appellant could be held liable for costs when the respondent had not yet incurred a liability to pay his own lawyers, and whether a costs assessor possessed the power to determine the terms and validity of a costs agreement. Furthermore, the Court considered whether a judge in the Common Law Division had the authority to hear an appeal from a costs assessor's determination.

The Court of Appeal allowed the appeals, setting aside the previous orders. It held that the appellant should have had leave to appeal to the Court from the costs assessor's determinations, and remitted these appeals for determination. In relation to a subsequent judgment, the Court dismissed the appeals under s 208L of the *Legal Profession Act 2005* from the costs assessor's determinations, and made no order as to the costs of those appeals. The Court also ordered that there be no order as to the costs of the applications for leave to appeal and the appeals before the Court of Appeal itself.