Alhalek v Kells the Lawyers [2021] NSWSC 205

Supreme Court New South Wales

Medium Neutral Citation: Alhalek v Kells the Lawyers [2021] NSWSC 205 Hearing dates: 23 February 2021 Date of orders: 10 March 2021 Decision date: 10 March 2021 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) The amended summons filed on 17 September 2020 is dismissed. (2) The plaintiff is to pay the defendant's costs of the proceedings on an ordinary basis. Catchwords: COSTS – Costs assessment – Late application to review certificate – Legal Profession Uniform Law Application Act 2014 (NSW) s 83(1) – Application to Manager, Costs Assessment to extend time – Whether plaintiff was denied procedural fairness – Whether Manager failed to take into account relevant considerations – Review dismissed Legislation Cited: Legal Profession Uniform Law Application Act 2014 (NSW) ss 83(1), 93B Uniform Civil Procedure Rules 2005 (NSW), r 49.19 Cases Cited: Hamod v New South Wales [2011] NSWCA 375 Kerr v Commissioner of Police and Crown Employees Appeal Board [1977] 2 NSWLR 721 Lollback v Brakepower Pty Ltd [2010] NSWSC 1457 Portal Software International Pty Ltd v Bodsworth [2005] NSWSC 115 Solarus Projects Pty Ltd v Vero Insurance Ltd [2013] NSWSC 328 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Voicu v The Owners – Strata Plan No 1624 [2020] NSWSC 296 Wentworth v Graham [2002] NSWSC 397; (2002) 55 NSWLR 638 Category: Principal judgment Parties: Kyled Alhalek (Plaintiff) Kells the Lawyers (Defendant) Representation: Counsel: T Yeh (Plaintiff) A Kaufmann (Defendant)