Oliveri Legal Pty Ltd v Danis [2024] NSWSC 1063

Supreme Court New South Wales

Medium Neutral Citation: Oliveri Legal Pty Ltd v Danis [2024] NSWSC 1063 Hearing dates: 21 June 2024 Date of orders: 22 August 2024 Decision date: 22 August 2024 Jurisdiction: Common Law Before: Chen J Decision: (1) Order that the summons filed 12 January 2024 be dismissed. (2) Order the plaintiff to pay the defendant's costs of, and incidental to, the proceedings in this Court. Catchwords: CONTRACTS – Formation – Appeal from the Local Court – Where defendant alleged in the Local Court that he had entered into agreement with firm of solicitors to provide his services in exchange for half of the fees received from client - Where Local Court Magistrate found in favour of the defendant that the alleged agreement had been entered into – Whether the plaintiff was denied procedural fairness by the Magistrate making an adverse credibility finding against its principal witness contrary to the rule in Browne v Dunn – Where witness was on notice that his version of events was in contest – No breach of the rule in Browne v Dunn established – No question of law arising – Leave to appeal refused – Summons dismissed Legislation Cited: Competition and Consumer Act 2010 (Cth) Crimes (Appeal and Review) Act 2001 (NSW) Local Court Act 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Allied Pastoral Holdings Pty Ltd v Commissioner of Taxation [1983] 1 NSWLR 1 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Browne v Dunn (1893) 6 R 67 Cheng v Motor Yacht Sales Australia Pty Ltd t/as The Boutique Boat Company (2022) 108 NSWLR 342; [2022] NSWCA 118 Danis v Oliveri Legal Pty Ltd [2023] NSWSC 89 Fairfax Media Publications Pty Ltd v Gayle (2019) 100 NSWLR 155; [2019] NSWCA 172 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Liu v Director of Public Prosecutions (NSW) [2024] NSWSC 382 Medical Council of New South Wales v Mooney [2024] NSWCA 180 Namoi Sustainable Energy Pty Limited v Buhren [2022] NSWSC 175 Nu v NSW Secretary of Family and Community Services (2017) 95 NSWLR 577; [2017] NSWCA 221 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Strbak v Newton [1989] NSWCA 202 Styles v Rowley [2023] NSWSC 1053 Sydney Trains v Batshon [2021] NSWCA 143 Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2023] NSWCA 40 Watson v Foxman (1995) 49 NSWLR 315 West v Mead [2003] NSWSC 161; (2003) 13 BPR 24,431 Texts Cited: J D Heydon, Cross on Evidence (11th ed, 2017, LexisNexis Butterworths) Category: Principal judgment Parties: Oliveri Legal Pty Ltd (Plaintiff) Emil Danis (Defendant) Representation: Counsel: M Sahade (Plaintiff)