NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Bevan v Napoli [2022] NSWSC 1132 Hearing dates: 30 June 2022 Date of orders: 25 August 2022 Decision date: 25 August 2022 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The plaintiff's amended summons filed 24 November 2021 is dismissed. (2) Costs are reserved. Catchwords: COSTS — Costs assessment — Application for assessment – Legal Profession Uniform Law 2014 (NSW) – Whether the plaintiff is a non-associated third-party payer – whether Shillington v Harries [2013] NSWSC 2013 is authoritative – application dismissed Legislation Cited: Legal Profession Uniform Law 2014 (NSW) ss 171, 198, 199, 200 Legal Profession Uniform Law Application Act 2014 (NSW) ss 93B Legal Profession Uniform Law Application Regulation 2014 (NSW) reg 34 Cases Cited: Boyce v McIntyre [2009] NSWCA 185 Commissioner for Railways (NSW) v Agalianos (1955) 92 CLR 390 Polsen v Harrison [2020] NSWSC 1167 Project Blue Sky Inc. v Australian Broadcasting Authority (1998) 194 CLR 355 Shillington v Harries [2013] NSWSC 2013 Voicu v The Owners-Strata Plan No 1624 [2020] NSWSC 296 Category: Costs Parties: Christopher Bevan (Plaintiff) Joan Napoli (First Defendant) The Manager, Costs Assessment (Second Defendant) Representation: Counsel: C Carroll (Plaintiff) M Castle (First Defendant)
Solicitors: WM Lawyers (Plaintiff) DGT Costs Lawyers (First Defendant) Crown Solicitors (Second Defendant) File Number(s): 2021/334739 Publication restriction: Nil
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