Santo v Childs Family Kindergarten Limited & Anor [2007] NSWLEC 117

Land and Environment Court of New South Wales

CITATION : Santo v Childs Family Kindergarten Limited & Anor [2007] NSWLEC 117

APPLICANTS Michele Santo and Paolina Santo PARTIES : FIRST RESPONDENT Childs Family Kindergarten Limited SECOND RESPONDENT Rita Dora Shagrin

FILE NUMBER(S) : 40869 of 2005

CORAM: Pain J

KEY ISSUES: Costs :- whether costs order should limit costs assessor's discretion to award costs for undertaking costs assessment

LEGISLATION CITED: Legal Profession Act 2004 Pt 3.2 s319, s357, s 359, s363, s364 s373, s373A and s374

DATES OF HEARING: 29 January 2007

EX TEMPORE JUDGMENT DATE : 29 January 2007

APPLICANT Mr M Brabazon SOLICITOR Burrell Solicitors LEGAL REPRESENTATIVES: FIRST RESPONDENT Mr M Fraser SOLICITOR Elliot Tuthill Solicitors SECOND RESPONDENT No appearance

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

31 January 2007

40869 of 2006 Michele Santo and Paolino Santo v Childs Family Kindergarten Limited & Anor

EX TEMPORE JUDGMENT ON COSTS 1 Her Honour: On 15 December 2006 orders were made by consent and costs in this matter were reserved. The parties have agreed that the First Respondent should pay the costs of the Applicant as agreed or assessed. The Applicant seeks additional words to be added to the costs order that: … in the event of assessment of costs the reasonable costs of any Law Practice acting on such assessment .