Recent Cases

Bingham v Bevan [2022] NSWCA 248 (05 December 2022) (Simpson AJA; Basten AJA)


Catchwords:


APPEAL – leave to appeal – dismissal of motion to set aside registered judgment – order of dismissal interlocutory – effect of dismissal final in practical terms – amount in issue $323,000 – effect of costs disclosure agreement restricting circumstances in which counsel’s fees payable – non-compliance of costs estimate – agreement “void” – whether protections for party liable ineffective – whether costs assessor resolved issue – whether costs assessor had jurisdiction to resolve issue – whether alleged errors more than reasonably arguable – whether issues of principle raised