Gadd v Kozlowski t/as Lou Baker and Associates [2022] NSWDC 309

District Court New South Wales

Medium Neutral Citation: Gadd v Kozlowski t/as Lou Baker and Associates [2022] NSWDC 309 Hearing dates: 30 June 2022 – 1 July 2022 Date of orders: 3 August 2022 Decision date: 03 August 2022 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Pursuant to ss 87 and 89 of the Legal Profession Uniform Law Application Act 2014 (NSW), the Certificate of Determination of Review dated 25 January 2022 is set aside. (2) Pursuant to ss 87 and 89 of the Legal Profession Uniform Law Application Act 2014 (NSW), the Certificate of Determination of Review Panel Costs dated 25 January 2022 is set aside. (3) Within seven days the plaintiff and the first defendant are to agree and forward to the Associate to Dicker DCJ draft Certificates of Determination of Review and Determination of Review Panel Costs consistent with these reasons. (4) The first defendant is to pay the plaintiff's costs of the appeal as agreed or assessed, apart from the costs relating to the preparation and filing of the Summons, but including the costs relating to the preparation and filing of the Amended Summons. Catchwords: APPEAL – costs – costs assessment – appeal from Review Panel – whether Review Panel erred in the amount determined to be payable by the plaintiff – whether as a consequence of the error an erroneous decision as to costs of the Review Panel was made and determined – meaning of "a rehearing" Legislation Cited: Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law Application Regulation 2015 (NSW) Legal Profession Uniform Law (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Ahern v Aon Risk Services Australia Ltd [2022] NSWSC 702 Allesch v Maunz (2000) 203 CLR 172; [2000] HCA 40 Gadd v Australia Business Executive Investments Pty Ltd [2019] NSWDC 798 Gazecki v McCabes Lawyers Pty Ltd [2020] NSWCA 98; [2020] 102 NSWLR 259 Gilmore Finance Pty Ltd v Aesthete No 3 Pty Ltd [2020] NSWCA 114 Lawrence v Sammut [2022] NSWSC 657 Category: Costs Parties: Mark Lawrence Gadd (Plaintiff) Wlodzimierz Antoni Kozlowski trading as Lou Baker and Associates (First Defendant) Patrick Ferguson (Second Defendant) Marilyn Filewood (Third Defendant) Representation: Counsel: E Finnane (Plaintiff) In Person (First Defendant)