Scope Data Systems Pty Ltd v Aitken (No. 2) [2010] NSWDC 65

New South Wales District Court

CITATION: Scope Data Systems Pty Ltd v Aitken (No. 2) [2010] NSWDC 65

HEARING DATE(S): 25 March 2010 EX TEMPORE JUDGMENT DATE : 25 March 2010

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

(1) Plaintiffs' application for adjournment of the proceedings dismissed. (2) Plaintiffs pay defendants' costs of the application. (3) Plaintiffs' application for an extension of time to commence proceedings dismissed. DECISION: (4) Plaintiffs pay defendants' costs of these proceedings, which are dismissed. (5) Exhibits remain with the file for 28 days. (6) Defendants' submissions in support of their application for indemnity costs to be served in 7 days. (7) Plaintiffs' submissions in reply in 7 days. (8) Judgment on the application for indemnity costs to be emailed to the parties by Gibson DCJ.

CATCHWORDS: COSTS - appeal from three costs assessor's awards - summons filed almost a year after 28-day appeal period expired - application for leave to appeal out of time dismissed

Civil Procedure Act 2005 (NSW), ss 56-62, 59 and 60 Evidence Act 1995 (NSW), s 140(2) LEGISLATION CITED: Legal Profession Act 1987 (NSW), ss 208L or 208M Legal Profession Act 2004 (NSW), ss 348 and 385 Supreme Court Rules 1970 (NSW), Pt 51A r 3(1) Uniform Civil Procedure Rules 2005 (NSW), Pt 50, rr 50.2(1) and 50.3(1)(a)

AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Brierley v Reeves t/as Kaplan Reeves & Co [2000] NSWSC 305 Currabubula & Paola v State Bank NSW [2000] NSWSC 232 Doyle v Hall Chadwick [2007] NSWCA 159 Gallo v Dawson (1990) 93 ALR 479 CASES CITED: Jess v Scott (1986) 12 FCR 187 Lemoto v Able Technical Pty Ltd [2005] NSWCA 153 Morris v Public Transport Commission of NSW (unreported, Court of Appeal, 28 May 1984) Moulieux v Girvan NSW Pty Ltd (unreported, Court of Appeal, 20 September 1991) Muriniti v Lyons [2004] NSWSC 135 State of Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146; [1997] HCA 1