McDougall bnf Williams v Gomm [2020] NSWDC 428

District Court New South Wales

Medium Neutral Citation: McDougall bnf Williams v Gomm [2020] NSWDC 428 Hearing dates: 29 May 2020 and 7 August 2020 Date of orders: 7 August 2020 Decision date: 07 August 2020 Jurisdiction: Civil Before: Gibson DCJ Decision: Orders: (1) Pursuant to UCPR r 20.14, I refer the determination of the reasonable legal costs (including disbursements) to a costs assessor, to be nominated by Mr B Bellach, the Manager, Costs Assessment, Supreme Court of NSW), for assessment (if possible), inquiry and report by the costs assessor on the costs questions arising from these proceedings and from the issues adverted to in this judgment, (2) Gorman Law is directed to provide a copy of the following documents to the plaintiff's current solicitor, Mr Kheir, within 7 days: (a) Letter to Mr Mok dated 17/7/20. (b) Tax Invoice dated 17/7/20 (c) Costs Agreement dated 2/5/16. (d) Letter to claimant's tutor dated 13/9/19. (e) Tax Invoice of Andrew Hourigan dated 19/5/20 (3) Liberty to the parties, including the costs assessor, to apply to Gibson DCJ in relation to costs and other issues arising from this appointment including provision of documents. (4) These proceedings listed for directions on Friday 30 October 2020 before Gibson DCJ at 10am for further directions and orders.. Catchwords: COSTS – Application for approval of settlement of proceedings for a person subject to a disability - solicitors with conduct of these proceedings seek orders for assessment for the costs claimed by the solicitors who previously acted – failure of solicitors previously acting to provide a bill in assessable form to their former client - court's obligations to disabled persons on applications for approval - referral pursuant to UCPR r 20.14 I to a costs assessor agreed upon by the parties (or, in default of agreement, by Mr B Bellach, the Manager, Costs Assessment, Supreme Court of NSW) for assessment of costs and disbursements in accordance with the orders made in these proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), ss 75 – 77 Uniform Civil Procedure Rules, r 14.20 Cases Cited: Attard v James Legal Pty Ltd [2010] NSWCA 311 CPB Contractors Pty Limited v Celsus Pty Limited (formerly known as SA Health Partnership Nominees Pty Ltd) (No 2) [2018] FCA 2112 Newell; Muriniti v De Costi [2018] NSWCA 49 Optiver Australia Pty Ltd v Tibra Trading Pty Ltd [2012] FCA 558 Permanent Trustee v Mills [2007] NSWSC 336 Stockland (Constructors) Pty Ltd v Darryl I Coombs Pty Ltd [2004] NSWSC 333 Category: Procedural and other rulings Parties: Plaintiff: Robert McDougall bnf Catherine Williams Defendant: Ryshia Gomm Representation: Solicitors: Plaintiff: Mr M Kheir (Premier Law) Defendant: Sparke Helmore Lawyers File Number(s): 2020/095778 Publication restriction: None