Valassis v Bernard [2001] NSWSC 316

New South Wales Supreme Court

CITATION : Valassis v Bernard [2001] NSWSC 316 revised - 30/04/2001 FILE NUMBER(S) : SC 12965/00 HEARING DATE(S) : 12/03/01 JUDGMENT DATE : 12 March 2001

PARTIES : Dennis Valassis (Plaintiff) Eric Bernard (Defendant) JUDGMENT OF : Bell J at 1

COUNSEL : Plaintiff - In Person Mr S.A. Kerr (Defendant) SOLICITORS : Dennis Valassis (Plaintiff) Gray Perkins Solicitors (Defendant) CATCHWORDS : Leave to appeal - determination of costs assessor see 208M Legal Profession Act 1987 LEGISLATION CITED : Legal Profession Act 1987 CASES CITED : Chapmans Limited v Yandel (1999) NSW CCA 361 Kennedy Miller Television Pty Limited v Lancken (unreported) NSWSC 1 August 1997 DECISION : Leave to appeal refused ; Summons dismissed; Plaintiff to pay the defendant's costs

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

MONDAY, 12 MARCH 2001

12965/00 - DENNIS VALASSIS v ERIC BERNARD

JUDGMENT

HER HONOUR: 1. This is an application for leave to appeal against the determination of costs assessor PR Brewster made on 20 September 2000 in respect of proceedings in the Common Law Division No. 10079/88 heard on 30 March 1998 and proceedings in the Court of Appeal No. 40204/88. The application is brought pursuant to section 208M of the Legal Profession Act 1987 ("the Act").

2. The matter was argued before me upon the basis that the principles governing the grant of leave to appeal pursuant to s 208M of the Act invite consideration of whether there is an obvious error on the face of the record and substantial injustice to the appellant if the determination by the assessor were allowed to stand. I was referred to the judgment of Sperling J in Kennedy Miller Television Pty Limited v Lancken (unreported) NSWSC 1 August 1997 in which his Honour considered, without deciding, that the test may be more liberal than that applicable to appeals by leave to an appellate court from an interlocutory judgment.