Description
Where costs had been summarily assessed on paper and one party was dissatisfied with the outcome, the proper approach was to appeal rather than apply for detailed assessment.
The Applicant (A) lost the substantive action and was ordered to pay costs. The Respondent (R) had not provided sufficient information for costs to be summarily assessed. The judge directed that costs be assessed on paper with parties to provide written submissions. A was unhappy with the outcome of the summary assessment and asked for the matter to be sent for detailed assessment. A further hearing was held at which A repeated his submission that detailed assessment ought to have taken place.
The Court refused the application for detailed assessment, holding that the appropriate course of action was for A to have appealed the judge's original decision to direct a summary assessment on paper.
