Fordyce v Leung in her capacity as Executrix of the Estate of the late Robert Ho [2021] NSWCA 262

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Fordyce v Leung in her capacity as Executrix of the Estate of the late Robert Ho [2021] NSWCA 262 Hearing dates: 25 October 2021 Date of orders: 28 October 2021 Decision date: 28 October 2021 Before: Gleeson JA Decision: (1) Refuse the application of Mr Fordyce for an interim stay in terms of pars 1, 2, 3, 4, 5 and 6 of the notice of motion filed 18 October 2021, pending the determination of the motion. (2) Applicant to pay the respondents' costs of the hearing on 25 October 2021. (3) Vacate the hearing date of the applicant's notice of motion fixed for 6 December 2021 and stand over the motion to the hearing of the leave application. (4) Grant leave to the parties to approach the Registrar to obtain a hearing date of the leave application (as a concurrent hearing with the appeal, if leave be granted) and the judicial review proceedings (No 2021/295887). Catchwords: CIVIL PROCEDURE — stay of proceedings — where interim certificate of costs assessor treated as judgment upon filing in District Court under Legal Profession Act 2004 (NSW), s 368(5) — where applicant's appeal to the District Court against decision of costs assessor remains afoot — where applicant seeks leave to appeal against District Court's refusal to set aside judgment — application for stay of deemed judgment, District Court appeal proceedings and the assessment process — whether appropriate to grant interim stays in the circumstances Legislation Cited: District Court Act 1973 (NSW), s 127(2)(a) Legal Profession Act 1987 (NSW), s 208KF(2)(d) Legal Profession Act 2004 (NSW), ss 368, 373, 384, 385, 386 Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Alexander v Cambridge Credit Corporation Ltd (Receivers appointed) (1985) 2 NSWLR 685 Bobb v Wombat Securities Pty Ltd [2014] NSWCA 54 Bobb v Wombat Securities Pty Ltd (No 2) [2014] NSWCA 261 Calandra v Murden [2015] NSWCA 231 Frumar v The Owners of Strata Plan 36957 [2010] NSWCA 172 Trad v Harbour Radio Pty Ltd [2016] NSWCA 80 Voicu v The Owners – Strata Plan No 1624 [2020] NSWCA 52 Category: Principal judgment Parties: Paul Mervyn Fordyce (Applicant) Claudia Leung in her capacity as Executrix of the Estate of the late Robert Ho (First respondent) Rhodium Pty Ltd (Second respondent) Representation: Counsel: P M Fordyce (Self-represented) (Applicant) L Corbett (Respondents)