Fordyce v Leung as executor of the estate of the late Robert Ho; Fordyce v Leung as executrix of the estate of the late Robert Ho [2023] NSWSC 778

Supreme Court New South Wales

Medium Neutral Citation: Fordyce v Leung as executor of the estate of the late Robert Ho; Fordyce v Leung as executrix of the estate of the late Robert Ho [2023] NSWSC 778 Hearing dates: 3 July 2023 Date of orders: 10 July 2023 Decision date: 10 July 2023 Jurisdiction: Common Law Before: Harrison J Decision: (1) Grant leave to Mr Fordyce for the limited purpose of arguing what I shall describe as the s 368(2) grounds notified in the Amended Summons in each case. (2) Dismiss the appeals relying on those grounds. (3) Otherwise refuse leave to rely upon the balance of grounds notified in the Amended Summons in each case. Catchwords: APPEALS – costs – costs assessments – "interim" or "pre-completion" certificates – ability of assessor to issue such certificates – whether certificates "on account of" liability or "for" specific items – whether parties given a reasonable opportunity to be heard Legislation Cited: Costs Rule – Certificates of Determination 1997 (NSW) Legal Profession Act 2004 (NSW) ss 359, 368, 371, 372, 384, 385 Legal Profession Act 1987 (NSW) s 208J Legal Profession Amendment Act 1996 (NSW) Legal Profession Reform Act 1993 (NSW) Rules of the Supreme Court (Costs) 1916 (NSW) r 46 Supreme Court Rules 1970 (NSW) Part 52 r 59 Legal Profession Uniform Law Application Act 2014 Cases Cited: Ackerman v Morgan [2019] NSWSC 1250 Claudia Leung in her capacity as Executrix of the Estate of the late Robert Ho v Paul Mervyn Fordyce t/as Pmf Legal Trading [2019] NSWSC 18 Claudia Leung in her capacity as Executrix of the Estate of the late Robert Ho v Paul Mervyn Fordyce t/as Pmf Legal Trading (No 2) [2019] NSWSC 175 Fordyce v Leung [2022] NSWCA 55 Harper v Firbank [1918] 2 KB 509 Mars UK Limited v Teknowledge Limited [2000] FSR 138 Ryan v Hansen t/as Hansens Solicitors (2000) 49 NSWLR 184; [2000] NSWSC 354 Texts Cited: Explanatory Note to the Legal Profession Amendment Act 1996 (NSW) New South Wales Legislative Council, Parliamentary Debates (Hansard), 16 September 1993 Supreme Court of New South Wales, Report of the Chief Justice's Review of the Costs Assessment Scheme (12 March 2013), at [3.8.1], [3.8.2] Category: Principal judgment Parties: Paul Mervyn Fordyce (Plaintiff) Claudia Leung (First Defendant) Rhodium NSW Pty Ltd (Second Defendant) The Trading House Pty Ltd (Third Defendant) Representation: Counsel: L D Corbett (Defendants)