Carkeek v Aubrey F Crawley & Co [2024] NSWSC 86

Supreme Court New South Wales

Medium Neutral Citation: Carkeek v Aubrey F Crawley & Co [2024] NSWSC 86 Hearing dates: 7 February 2024 Date of orders: 14 February 2024 Decision date: 14 February 2024 Jurisdiction: Common Law Before: Fagan J Decision: 1. Extend time for filing of the summons by the first plaintiff up to and including 31 January 2023. 2. Extend time for the commencement of the second plaintiff's appeal, by her joinder to the proceedings as a plaintiff, up to and including 29 June 2023. 3. Dismiss the appeal by the first plaintiff. 4. Order that the first plaintiff pay the defendant's costs of the proceedings. 5. Uphold the appeal by the second plaintiff. 6. Order that the certificate of determination of review issued by the second and third defendants on 23 September 2022 and sent to the parties to the review by the Manager, Costs Assessment on 4 October 2022 be set aside insofar as it is issued against Sophie Pamela Carkeek, named in the said certificate as Interested Party. 7-9 Directions for an application for gross sum costs determination in respect of the costs in order 4. Catchwords: COSTS – costs assessment Uniform Law costs – determination of review panel – appeal to Supreme Court – where delay in instituting appeal – where second plaintiff later joined to proceedings – whether second plaintiff entered into client-solicitor relationship or was contractually bound as a third party payer and liable to pay costs – question of jurisdictional fact for review panel

Legislation Cited: Bankruptcy Act 1966 (Cth) Legal Profession Uniform Law 2014 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Amirbeaggi v EB [2023] NSWCA 108 Bingham v Bevan [2023] NSWCA 86 Category: Principal judgment Parties: Stephen Robert Carkeek (first plaintiff) Sophie Pamela Carkeek (second plaintiff) Christopher William Crawley t/as Aubrey F Crawley & Co (first defendant) Stephen Lancken (second defendant) Christopher Plummer (third defendant) Representation: Counsel: Self-represented (first plaintiff) PR Glissan (second plaintiff) A Ogborne (first defendant)