VALASSIS v NIKOLAIDIS & CO [1996] NSWCA 543

VALASSIS v NIKOLAIDIS & CO SUPREME COURT OF NEW SOUTH WALES — CouRT OF APPEAL

HANDLEY JA and COLE JA 29 March 1996

[1996] NSWCA 543

Handley JA and Cole JA. This is an application by Mr Valassis appearing in person for leave to appeal from a decision of Master Greenwood on 22 November 1995 which dismissed his motion for a review of the taxation of six bills of costs by Taxing Officer Howe on 27 July 1995. The matter unfortunately has a long history.

On 12 August 1988 the claimant commenced proceedings by summons under the Legal Profession Act 1987 for the taxation of six lump sum bills of costs delivered by the opponent, his former solicitor. The summons did not appoint a date for hearing but eventually came before Registrar Montgomery on 28 February 1990 who made a consent order for the taxation of the bills which of course were not in taxable form. For many reasons which need not be referred to the taxation was not completed until 27 July 1995.

The claimant was successful on the taxation in having significant amounts taxed off the bills. Having failed in his motion for review before Master Greenwood, he now seeks leave to appeal to this Court.

Until 1 July 1994 s 101 (2) (d) of the Supreme Court Act provided that an appeal should not lie to the Court of Appeal except by leave of the Court from 'an order made in proceedings in the Court on an application for review of taxation of costs'. On that date the Legal Profession Reform Act 1993 came into force. Schedule 6 provided for 'consequential amendment of other Acts' including the Supreme Court Act, and para (iv) of the amendments to that Act provided 'omit s 101 (2) (d)'.

Schedule 3 of the 1993 Act substituted a new Pt 11 'Legal Fees and Other Costs' in the Legal Profession Act. The same schedule added Pt 7 to Sch 8 of the 1987 Act which contained 'savings, transitional and other provisions'. Clause 41 (2) and (3) of Pt 7 of Sch 8 so added provided: