Having lost in NCAT and received a costs order against me on a construction matter, the other side are asking for $121,000 in costs for a case that claimed $60K odd. It has been excessive not for the rates claimed charged but for how much they loaded the case over a 5 year period, giving way to an overloaded case.
Does a cost assessor really care about tackling excessive charges due to overloaded cases or are they just simply concerned with making sure the rates charged are in accordance with schedule rates? I.E. Is it a waste of time to plead to the court on things like disorganisation , causing time lags, unnecessary consultations, overlapping, use of barrister when not warranted given the non complexity of the case etc ?
I am faced with making a decision of paying them about $100k they are asking in negotiation or going to assessment to see if I can reduce their claim to much less then that.
Anyone with experience to comment ?
Does a cost assessor really care about tackling excessive charges due to overloaded cases or are they just simply concerned with making sure the rates charged are in accordance with schedule rates? I.E. Is it a waste of time to plead to the court on things like disorganisation , causing time lags, unnecessary consultations, overlapping, use of barrister when not warranted given the non complexity of the case etc ?
I am faced with making a decision of paying them about $100k they are asking in negotiation or going to assessment to see if I can reduce their claim to much less then that.
Anyone with experience to comment ?