Giuseppe Portale v Law Society of New South Wales [2010] NSWDC 56

New South Wales District Court

CITATION: Giuseppe Portale v Law Society of New South Wales [2010] NSWDC 56

JUDGMENT DATE: 12 April 2010

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: On the notice of motion filed by the Law Society of 14 December 2009, I grant order 1 and order 3. On the summons file 9 June 2009, I order the plaintiff to pay the defendant's costs.

CATCHWORDS: CIVIL LAW - judgment on costs orders - whether a judgment was interlocutory - costs when a party is partly successful in a claim

LEGISLATION CITED: Ritchie's Supreme Court Rules part 52 rule 11

Commonwealth Bank of Australia v Hattersley (2001) 51 NSWLR 333 Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd [1993] FCA 259 CASES CITED: Monie v Commonwealth of Australia (No. 2) [2008] NSWCA 15 Rockdale City Council v Micro Developments Pty Ltd [2008] NSWCA 128 Waters v PC Henderson Australia Pty Ltd NSWCA, 6 July 1994, unreported

PARTIES: Giuseppe Portale Law Society of New South Wales

FILE NUMBER(S): 2422/09

COUNSEL: Mr Portale in person Ms Webster for the Law Society of NSW

SOLICITORS: Mr Pierotti for the Law Society of NSW

JUDGMENT

1. Mr Giuseppe Portale challenged an assessment of costs made against him. The costs were awarded against him and in favour of the Law Society of New South Wales in proceedings in the Administrative Decisions Tribunal.

2. In a summons filed on 9 June 2009 Mr Portale appealed from the assessment of costs and its review. The appeal was to the District Court and was heard by me. By agreement between the parties grounds 1 and 2 of Mr Portale's appeal were determined separately in a judgment delivered by me on 11 February 2010. In a judgment delivered on 26 February 2010 I determined grounds 3 through to 11 of the appeal grounds referred to in Mr Portale's summons.