Rose Legal Costing

Successful Supreme Court costs appeal- Mirus Australia Pty Ltd v Wilson [2023] NSWSC 1432 (24 November 2023)

By Katie O’Brien: Mirus Australia Pty Ltd v Wilson [2023] NSWSC 1432 (24 November 2023) On the instruction of Kennedys, Rose Legal Costing prepared a review application on behalf of Mirus Australia Pty Ltd (Mirus), the paying party in an ordered costs assessment. The result of this was that the original determination was reduced by …

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Case Study: What you can do if a client is refusing to pay costs

Rose Legal Costing were recently instructed on behalf of a law firm seeking to recover their costs from a client that had gone elsewhere and had refused to pay costs to the law firm. By the time of the assessment, the substantive case had reached a successful outcome. One of the submissions put forward by …

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Multiple defendants and the rule of thumb (The Currabubula Principle)

Shaw v Niru Construction Pty Ltd & Anor (No.3) [2021] NSWDC 624 The phrase “rule of thumb” is derived from an old English law that stated that you couldn’t beat your wife with anything wider than your thumb. This is, thankfully (according to Wikipedia, which no lawyer worth their salt would ever refer to) just …

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COSTS UPDATE: SUCCESSFUL NSW REVIEW APPLICATION YIELDS 86% RECOVERY FOR CLIENT

Background Our instructing solicitor acted for the Defendant in the substantive proceedings seeking judgment for possession of land, as well as leave to issue a Writ of Possession. These proceedings were successfully defended, securing an order for costs on the ordinary basis. We prepared a fully itemised inter partes Bill of Costs on behalf of …

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Caselaw update- Security for Costs and the threshold test

Kupang Resources Pty Ltd v Commonwealth of Australia (No 2) [2023] NSWSC 1337 8 November 2023 The Commonwealth filed a subsequent application for security (having initially obtained security of $500,000), submitting the threshold issue had been satisfied due to the following factors: – Kupang was under administration until 5 May 2021. – It did not …

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Summary: E Group Security Pty Ltd v Chief Commissioner of State Revenue (No 2) [2021] NSWSC 1296

Calderbank offers and the indemnity costs order Last week’s case of E Group Security Pty Ltd v Chief Commissioner of State Revenue (No 2) [2021] NSWSC 1296 shows how difficult it can be in securing indemnity costs even where a party has beaten their own Calderbank offer. Key takeaways: When putting forward a Calderbank offer …

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COMMENCING A COST ASSESSMENT: DO NOT RUN OUT OF TIME!

Section 198 of the Legal Profession Uniform Law (LPUL) stipulates that if a solicitor or client wishes to commence a cost assessment, they must do so within 12 months of the ‘final’ invoice. (Note- this time frame only applies to solicitor/client assessments, not party/party assessments). S 198(4) LPUL enables a client to make an application …

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Successful Review Application- Compliance with Costs Disclosure under the Uniform Law

Rose Legal Costing (RLC) has successfully set aside the determination of a costs assessor, through the Review Application process, due to a law firm’s failure to comply with their disclosure requirements. RLC received instructions from a lay client who had previously instructed the Review Respondent law firm to act on his behalf in respect of …

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