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A Parramatta firm has won more than $40,000 from a costs dispute with a former client who alleged it unnecessarily duplicated its fees.
The NSW Supreme Court ordered Nisserine Nassif to pay New South Law Group, trading as New South Lawyers (NSL), $42,250 in costs after the firm sought payment for costs incurred in defending earlier proceedings.
Nassif had argued their fees involved unnecessary duplication and that one barrister would be sufficient.
The court considered NSL’s claimed costs of $51,286.51, along with additional costs of the appearances of two counsel, and professional costs from an affidavit.
Justice Ian Harrison found that, following Nassif’s bankruptcy and the appointment of trustees to her estate, there was no utility in considering her request to pay the costs by instalments, but her bankruptcy did not prevent the court from determining the amount owed to NSL.
NSL had previously succeeded in proceedings brought by Nassif, in which she looked to overturn a costs assessor’s decision regarding the assessment of NSL’s legal fees from earlier Family Court proceedings.
The court had ordered Nassif to pay the legal costs of NSL, with the group later claiming that it had incurred $42,764.51 in professional and counsel’s fees in defending the proceedings.
Nassif later sought to pause proceedings and delay NSL’s costs application until after her Family Court appeal, but the court dismissed her application.
NSL looked to add the costs of defending the unsuccessful application, while Nassif argued that the application should be dismissed.
Justice Harrison said NSL could claim professional costs and disbursements because its director was not claiming fees for his own work.
It was found that NSL’s rates and claimed costs were reasonable and within relevant guidelines.
A gross sum costs order was considered appropriate, as a full cost assessment would take more time and money and the gross sum approach would give Nassif a slight discount.
Justice Harrison acknowledged that they did not have access to every document relating to the work and needed to take a broad approach to assessing the costs and said: “Doing the best I can, it seems to me that I should make a specified gross sum costs order in the amount of $42,250.00.”
Citation: Nassif v New South Law Group Pty Limited t/as New South Lawyers [2026] NSWSC 1206
