Legal Employment Consulting and Training Pty Ltd v Patterson [2009] NSWDC 357

New South Wales District Court

CITATION: Legal Employment Consulting and Training Pty Ltd v Patterson [2009] NSWDC 357

HEARING DATE(S): 29 Sept 2009

JUDGMENT DATE: 2 October 2009

JURISDICTION: Civil

JUDGMENT OF: Williams DCJ at 1

DECISION: i. The summons is dismissed ii. The appellant is to pay the respondent's costs of the notice of motion and the proceedings.

CATCHWORDS: District Court - Declarations - Costs - Costs Review Panel - Equitable Jurisdiction

Legal Profession Act 2004 LEGISLATION CITED: District Court Act 1973. Local Courts Act 1982 UCPR

Turner v Pride [1999] NSWSC 850 CASES CITED: Poole v Turner 2004 NSWSC 708. Coshott v Woollahra M.C. 2008 NSWCA 176, Dyktynski v BHP Titanium Minerals P/L 2004 60 NSWLR 203

PARTIES: Legal Employment Consulting and Training Pty Ltd Lisa & Joanne Patterson

FILE NUMBER(S): 2610/09

COUNSEL: Mr Gower (Solicitor) Ms McDonald (Barrister)

SOLICITORS: Legal Employment Consulting & Training P/L Blake Dawson Waldron

1. Patterson has filed a Notice of Motion seeking a number of orders but primarily to have the summons commencing the appeal struck out.

2. The summons was filed on 17/06/2009.

3. The orders sought were : 1 To the extent necessary leave to appeal granted.

2 Appeal Allowed.

3 The Certificates of Determination of the Review Panel in Costs Review 7922 of 2008, issued on 22 April 2009, sent by the Manager, Costs Assessment on 20 May 2009 (and received by the Plaintiff on 22 May 2009), being:

a. Certificate of Determination of Costs by Costs Review Panel (Form 10); and b. Certificate of Determination of Costs of Review (Form 11) be set aside.