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By Darius Self Navigating Complex Legal Cost Assessments – Insights from the Gregg v PwC Case[2024] NSWCA 111 (10 May 2024) In the ever-evolving landscape of legal costs, understanding the intricacies of cost assessments is crucial for both legal professionals and their clients. This insight, prepared by Darius Self, Legal Costs Consultant at Rose Legal, delves […]
Understanding the intricacies of costs assessments Read More »
By Kieran Pulley Wilson v Mirus Australia Pty Ltd [2024] NSWCA 111 (10 May 2024) This judgment, handed down on 10 May 2024, concerned an application brought by Simon Wilson (Mr Wilson) seeking leave to appeal the decision of Campbell J made in Mirus Australia Pty Ltd v Wilson [2023] NSWSC 1432 (Supreme Court proceeding) where
Rule 21.10 of the Federal Circuit Court Rules 2001 (Cth) sets out the basic position as to how costs are to be dealt with: “Unless the Court otherwise orders, a party entitled to costs in a proceeding (other than a proceeding to which the Bankruptcy Act applies) is entitled to:
A look at legal costs in the Federal Court Read More »
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
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
Case Study: What you can do if a client is refusing to pay costs Read More »
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
Multiple defendants and the rule of thumb (The Currabubula Principle) Read More »
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
COSTS UPDATE: SUCCESSFUL NSW REVIEW APPLICATION YIELDS 86% RECOVERY FOR CLIENT Read More »
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
Caselaw update- Security for Costs and the threshold test Read More »
Rose Legal Costing has successfully acted on behalf of a law firm in a solicitor/client assessment involving a Nominal Defendant. Costs disclosure was not provided to the client meaning costs had to be assessed on a ‘quantum meruit’ basis. In addition, submissions were made on behalf of the client that the law firm had no
Costs Assessor insights – Nominal Defendants Read More »
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
