A.C.N. 627 087 030 Pty Ltd as trustee for the YBL Trust (ABN 36 417 292 176) trading as Yates Beaggi Lawyers v Andrew John Price; A.C.N. 627 087 030 Pty Ltd as trustee for the YBL Trust (ABN 36 417 292 176) trading as Yates Beaggi Lawyers v Elisabeth Theodore [2024] NSWDC 121

District Court New South Wales

Medium Neutral Citation: A.C.N. 627 087 030 Pty Ltd as trustee for the YBL Trust (ABN 36 417 292 176) trading as Yates Beaggi Lawyers v Andrew John Price; A.C.N. 627 087 030 Pty Ltd as trustee for the YBL Trust (ABN 36 417 292 176) trading as Yates Beaggi Lawyers v Elisabeth Theodore [2024] NSWDC 121 Hearing dates: 2 February 2024 7 February 2024 8 February 2024 Date of orders: 18 April 2024 Decision date: 18 April 2024 Jurisdiction: Civil Before: Montgomery DCJ Decision: (1) Leave to the Applicant to rely on evidence in accordance with the schedule format reasons in this judgment. (2) Refuse leave to the Applicant to rely on the report of Michael Rose dated 19 October 2023. (3) Applicant to pay 60% of the Respondent's costs of the Motion. (4) Return the matter for mention before the List Judge on 30 April 2024, at which return the parties are to inform the Court of agreement or otherwise of evidence to be substituted for in relation to paragraphs [12]-[23] of the affidavit of Farshad Amirbeaggi affirmed 28 September 2023. Catchwords: PROCEDURAL RULINGS – Interlocutory – Costs appeal – s 89(4) Legal Profession Uniform Law Application Act – application for leave to put on fresh, additional or substitute evidence – comment that such applications are best serviced by parties identifying the dispute in a schedule identifying evidence said to be fresh, additional or in substitution and, if in substitution, then the evidence substituted for. Legislation Cited: Civil Procedure Act 2005 (NSW) s 60 Legal Profession Uniform Law (NSW) 2014 ss 3(e), 6, 169(b)-(c), 172(1)-(2), 173, 199, 201 Legal Profession Uniform Law Application Act 2014 (NSW) ss 69, 70(4), 73, 76, 80, 89(4) Cases Cited: Ahern v Aon Risk Services Australia Ltd [2021] NSWCA 166 Ahern v Aon Risk Services Australia Ltd [2022] NSWSC 702 Attorney-General of New South Wales v Kennedy Miller Television Pty Ltd (1998) 43 NSWLR 729 Bellevarde Constructions Pty Ltd v CPC Energy Pty Ltd [2011] NSWDC 55 Fong bhnf Fong v Weller [2024] NSWCA 46 Frumar v The Owners of Strata Plan 36957 (2006) 67 NSWLR 321; [2006] NSWCA 278 Gazecki v McCabes Lawyers Pty Ltd (2020) 102 NSWLR 259; [2020] NSWCA 98 Category: Procedural rulings Parties: Plaintiff/Applicant: A.C.N. 627 087 030 Pty Ltd as trustee for the YBL Trust (ABN 36 417 292 176) trading as Yates Beaggi Lawyers