Jacups v The Law Society of New South Wales [2023] NSWSC 598

Supreme Court New South Wales

Medium Neutral Citation: Jacups v The Law Society of New South Wales [2023] NSWSC 598 Hearing dates: 30 May 2023 Decision date: 06 June 2023 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to the terms of s 98(4) of the Civil Procedure Act 2005 (NSW), the plaintiff shall pay to The Law Society of New South Wales an amount of $30,000 as the specified gross sum, in lieu of assessed costs, in relation to the costs orders previously issued by the Court, being the orders of Registrar Jones on 30 August 2022 and Chen J on 3 February 2023. (2) Costs of this Motion are included in the foregoing order. Catchwords: COSTS – application for lump sum costs order – two directions re joinder of party – submissions that Court lacked jurisdiction and insufficient material to make order – jurisdiction to make order in relation to "party" to costs order and/or motion, s 98(4) of the Civil Procedure Act 2005 (NSW) – sufficient material – order made – discount to claim Legislation Cited: Civil Liability Act 2002 (NSW). Civil Procedure Act 2005 (NSW), ss 10, 14, 98 Supreme Court Act 1970 (NSW), ss 22 and 23 Uniform Civil Procedure Rules 2005 (NSW), r 18.2 Cases Cited: Colquhoun v District Court of NSW (No 2) [2015] NSWCA 54 Constantinidis v Prentice (No 2) [2023] NSWSC 160 Hamod v State of NSW [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Knight v F.P.Special Assets Ltd (1992) 174 CLR 178; [1992] HCA 28 Pelechowski v The Registrar, Court of Appeal (1999) 198 CLR 435; [1999] HCA 19 Re Aquaqueen International Pty Ltd [2015] NSWSC 500 Sullivan v Department of Transport (1978) 20 ALR; [1978] FCA 48 Zepinic v Chateau Constructions Aust Ltd (No 2) [2014] NSWCA 99 Category: Procedural rulings Parties: Graham Dudley Jacups (Plaintiff / Respondent) Lawcover Pty Ltd (First Defendant) Lawcover Insurance Pty Ltd (Second Defendant) The Law Society of New South Wales (Third Defendant / Applicant) Representation: Counsel: P E King (Plaintiff / Respondent) S Maybury (Third Defendant / Applicant)