NSW Legal fee claim post judgement

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TMS03D

Member
29 October 2017
1
0
1
I recently went to the Local Court to have a default judgement set aside in which I was successful.

The Registrar being ever so diplomatic ordered me to pay $100 towards the Plaintiffs professional costs plus disbursements of $84 within 28 days. The Plaintiffs Solicitor was not happy with the outcome and outside court exclaimed that this was not the correct figure and the Registrar had made a mistake?

A few hours later I receive an email from the Solicitor demabding I pay the monies as per judgement within 15 days PLUS additional costs incurred by them for court filing and serving fees. (approx. $250)

It was also stated that I was put on notice that if the total amount was not received within the 15 days, the instruction was to commence legal proceedings to recover the total debt plus costs and interest without further notice.

The question is can the Solicitor make this additional claim after Orders were made by the Court and what is the most appropriate response?
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
I am no expert but my understanding is that Lawyers don't get to overrule court orders they are not happy with. They can appeal the decision, but that is up to them, its not your problem.

My guess is that they are simply trying to bluff you into paying more, because the amounts are so small, it is simply not worth the lawyers time and effort to pursue it.... but what is small change to a lawyer can be big money for a person living on low income.