Costs..

[Mike Love]

Our client’s reserves its rights including to tender this letter on any issue as to costs.

I wrote an email to an organisation who I believe owes me costs.
They employed a lawyer to email me an arguement.
I wrote back.
The lawyers said that I have no case, and the above line about costs.

Question is: They are in Qld and I am in Vic. They sent me two email replies. I did not employ a lawyer myself. Nothing has gone to any court.

How likely or easy is it that the other party pursue me for costs if I let the matter go?
Since it was all via email, would they have to send me a physical letter?
Do they have to take me to court to get the costs?
Can I argue that while I have stopped asking for money, I am not liable for his costs?

 

[Docupedia]

- There generally has to be a court action for the issue of costs to arise, unless you have a contractual mechanism.
- No. The law has caught up to technology somewhat.
- Anyone the refuses to pay an amount generally has to be taken to court to get the money (unless there is security to seize).
- That sort of comment in a written communication is more defensive than offensive. It's tantamount to, "If you try us we are going to win, and we're going to pursue costs against. This will involve us showing this letter to indicate we gave you an opportunity to get out early, and you failed to take it."

 

[Tim W]

Our client’s reserves its rights including to tender this letter on any issue as to costs.

I wrote an email to an organisation who I believe owes me costs.
They employed a lawyer to email me an arguement.
I wrote back.
The lawyers said that I have no case, and the above line about costs.

Question is: They are in Qld and I am in Vic. They sent me two email replies. I did not employ a lawyer myself. Nothing has gone to any court.

How likely or easy is it that the other party pursue me for costs if I let the matter go?
Since it was all via email, would they have to send me a physical letter?
Do they have to take me to court to get the costs?
Can I argue that while I have stopped asking for money, I am not liable for his costs?

How many times will you keep asking the same question(s)?