Legal costs articles

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 ...

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 ...

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 ...

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 ...

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 ...
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