By Christopher Bevan -
Snapshot
- The Court of Appeal’s recent decision in Wende v Howarth has redefined the principles applicable to the assessment of party/party costs
- The principles will regulate how bills of costs are to be prepared, how assessments are to be undertaken, and how reviews of costs assessments are to be undertaken. One of the key principles makes clear that a global assessment and global certificate for costs orders made in different courts in the same matter is an invalid costs assessment under the Act
- Strict adherence to the 10 principles enunciated by the court will minimise the risk of losing hard-earned costs from legal work through costs assessment
The Court of Appeal of New South Wales delivered judgment recently in a matter that has redefined the principles applicable to the assessment of party/party costs. Ten fundamental legal principles were enunciated in Wende v Horwath (NSW) Pty Limited [2014] NSWCA 170. Those principles will regulate how bills of costs are to be prepared, how assessments are to be undertaken, and how reviews of costs assessments are to be undertaken. The decision will be of interest to all solicitors who either conduct litigation practices or who practise as costs assessors or costs consultants in this state.
