Tripodi v JT Law & Tomaras [2021] NSWLC 2

Local Court New South Wales

Medium Neutral Citation: Tripodi v JT Law & Tomaras [2021] NSWLC 2 Hearing dates: 22 October 2020, 22 February 2021, 24 June 2021 Date of orders: 06 August 2021 Decision date: 06 August 2021 Jurisdiction: Civil Before: Antrum LCM Decision: (1) Judgment for the plaintiff as against the first defendant in the sum of $34,650. (2) The first defendant to pay the filing and service fees of the plaintiff. (3) The first defendant to pay the plaintiff interest on the judgment debt pursuant to s 100 of the Civil Procedure Act 2005 from 7 February 2020 to the date of judgment. (4) The claim against the second defendant is dismissed. (5) No order as to costs. Catchwords: CIVIL PROCEDURE – Direct access briefing – solicitor/barrister relationship – cost agreements – intention of the parties – corporate veil Legislation Cited: Civil Procedure Act 2005 Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 Trade Practices Act 1974 Cases Cited: Dimos v Hanos & Egan [2001] VSC 173 Doe d. Bennett v Hale [1850] EngR 508 Holloway v Madgwicks [2018] VSC 773 New South Wales Bar Association v Livesey [1982] 2 NSWLR 231 Peate v Federal Commissioner of Taxation (1964) 111 CLR 443 Universal Steam Navigation Company Ltd v James McKelvie and Company (1923) AC 492 Texts Cited: HHL Bellot, The Exclusion of Attorneys from the Inns of Court, (1910) 26 Law Quarterly Review 137 Working with Barristers, 3 ed., Law Society of NSW, 2017 Category: Principal judgment Parties: Riccardo Tripodi (Plaintiff) JT Law Pty Ltd trading as Tomaras Lawyers (First Defendant) John Tomaras (Second Defendant) Representation: Self-represented (Plaintiff)