Lawrence v Sammut (No. 5) [2023] NSWSC 1476

Supreme Court New South Wales

Medium Neutral Citation: Lawrence v Sammut (No. 5) [2023] NSWSC 1476 Hearing dates: 23 October and 16 November 2023 Date of orders: 30 November 2023 Decision date: 30 November 2023 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The decision of the Common Law Registrar of 10 July 2023 is confirmed. (2) Both the notice of motion filed on 7 August 2023, and the amended notice of motion filed on 22 September 2023 are otherwise dismissed. (3) The plaintiff is to pay the defendants' costs of the notice of motion and the amended notice of motion including counsel's fees. (4) Any application by the defendants for any gross sum or specified costs order should be made by filing, serving and providing to Chambers by email affidavit(s) and written submissions of no more than 3 pages in length on or before 6 December 2023. (5) Any submissions in reply to any such costs application of not more than 3 pages in length must be filed, served and provided to Chambers by email on or before 13 December 2023. Catchwords: CIVIL PROCEDURE – application for review of decision of Common Law Registrar – gross sum costs order – large quantity of irrelevant affidavit material filed and served by the plaintiff – all of plaintiff's affidavit material irrelevant – true issue articulated only in answer to question of the Court at the hearing on 23 October 2023 – Registrar's reasons fail to overtly deal with costs expert evidence relied upon by the plaintiff – costs expert evidence of no utility, relevance or weight – no basis for setting aside the decision of the Registrar – Registrar's decision confirmed Legislation Cited: Legal Profession Uniform Law Application Act 2014 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Al-Shennag v Statewide Roads Pty Limited [2009] NSWSC 210 Auspine Limited v Australian Newsprint Mills Limited (1999) 93 FCR 1; [1999] FCA 673 Lawrence v Sammut (No 4) [2022] NSWSC 1033 Penson v Titan National Pty Limited (No. 3) [2015] NSWCA 121 Sebie v Krejci (No 3) [2023] NSWCA 221 Wily re LED (South Coast) Pty Ltd (2009) 76 NSWLR 428; [2009] NSWSC 946 Category: Procedural rulings Parties: Wayne James Lawrence (Plaintiff) (Self-represented) Alice Alexandria Sammut (Defendant) Representation: Counsel: A Spencer (Defendant)