Mangano v Bullen [2024] NSWDC 294

District Court New South Wales

Medium Neutral Citation: Mangano v Bullen [2024] NSWDC 294 Hearing dates: 11 July 2024 Date of orders: 11 July 2024 Decision date: 11 July 2024 Jurisdiction: Civil Before: Newlinds SC DCJ Decision: (1) Dismiss the summons commencing an appeal filed 5 April 2024. (2) Dismiss the notice of motion filed by Ms Mangano on 29 April 2024. (3) In relation to both the appeal and the notice of motion, I order that the Plaintiff pay the Defendant's costs, which I assess as a gross sum at $7,000 inclusive of GST. (4) I will reserve liberty to the Plaintiff to apply to me on short notice. Catchwords: CIVIL – Appeal from decisions of the Legal Costs Review Panel dismissing appeals from decisions of Costs Assessors – Indemnity principle – Proper construction of s 178 of Legal Profession Uniform Law (NSW) – Legal consequence of non-compliance with s 178 in relation to the operation and approach of the indemnity principle – Leave to appeal – Need for finality in litigation Legislation Cited: Legal Professional Uniform Law (NSW) s 178; s 178(1)(c) Uniform Civil Procedure Rules 2005 (NSW) r 50.3 Cases Cited: Bingham v Bevan [2023] NSWCA 86 Capello v Home Building Pty Ltd [2023] NSWCA 109 Enterprise Finance Solutions Pty Ltd v Ciszek [2014] NSWDC 314 Frontier Law Group Pty Ltd v Robert Glenn Barkman [2016] NSWSC 1542 Mangano v Bullen [2019] NSWSC 1704 Mangano v Bullen [2020] NSWCA 283 Wentworth v Rogers [2006] NSWCA 145 Category: Principal judgment Parties: Silvana Mangano (Plaintiff) Rosemary Bullen (Defendant) Representation: Counsel: T Hall; Solicitor (Plaintiff) B Balasubramanian; Solicitor (Defendant)