Giuseppe Portale v Law Society of New South Wales (No. 1) [2010] NSWDC 59

New South Wales District Court

CITATION: Giuseppe Portale v Law Society of New South Wales (No. 1) [2010] NSWDC 59

JUDGMENT DATE: 11 February 2010

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: The costs assessor and the costs review panel did not err in law with regard to the definitions of "legal costs", "law practice" and "legal services" as contained in s 4 of the Legal Profession Act. The costs assessor and the costs review panel did not err in law in applying Commonwealth Bank of Australia v Hattersley (2001) 51 NSWLR 333.

CATCHWORDS: CIVIL LAW - definitions of "legal costs", "law practice" and "legal services" as contained within s 4 of the Legal Profession Act 2004 - differences between Legal Profession Act 2004 and Legal Profession Act 1987 - applicability of Commonwealth Bank of Australia v Hattersley (2001) 51 NSWLR 333

Uniform Civil Procedure Rules 2005 P28 LEGISLATION CITED: Legal Profession Act 2004 s 4, s 382, s 384, Sch 9 Legal Profession Act 1987 P10

PARTIES: Giuseppe Portale Law Society of New South Wales

FILE NUMBER(S): 2422/09

COUNSEL: Ms Webster for the defendant

SOLICITORS: Mr Portale in person Mr Pierotti for the defendant

JUDGMENT

1. The Law Society took proceedings against Mr Portale in the Administrative Decisions Tribunal ("ADT"). The Law Society eventually won the case. Mr Portale, who was a solicitor, was struck off the role and the ADT ordered Mr Portale to pay the Law Society's costs.

2. Some years passed before the Law Society sent its bill to Mr Portale which Mr Portale disputed. Accordingly, the Law Society followed the procedure of applying to have the costs assessed. However, between the costs orders made by the Administrative Decisions Tribunal ("ADT") and the assessment the law had changed.