Rickard Constructions v Doyle [2002] NSWSC 882

New South Wales Supreme Court

CITATION : Rickard Constructions v Doyle [2002] NSWSC 882 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 11263 of 2002 HEARING DATE(S) : 17 September 2002 JUDGMENT DATE : 27 September 2002

Rickard Constructions Pty Limited (Under Deed of Company Arrangement) (Plaintiff) PARTIES : v James Doyle trading as "Doyles Construction Lawyers" (Defendant) JUDGMENT OF : Master Malpass

LOWER COURT Costs Assessment JURISDICTION : LOWER COURT 91014 of 2001 FILE NUMBER(S) : LOWER COURT Leonard S Hattersley JUDICIAL OFFICER :

COUNSEL : Mr B Sharpe (Plaintiff) N/A (Defendant) SOLICITORS : Cordato Partners (Plaintiff) Doyles Construction Lawyers (Defendant) CATCHWORDS : Appeal from decisions of a costs assessor - grounds upon which a costs assessor may decide not to proceed with an assessment - costs quantified by legally binding arrangement made between the parties (other than a costs agreement) - powers conferred by s 207 and their exercise - natural justice. LEGISLATION CITED : Corporations Law. Legal Profession Act 1987, Division 2, Division 3, s 189, s 199 (2), s 207, s 208A, s 208B, s 208C, s 208D, s 208L. Baker & Anor v Kearney [2002] NSWSC 746. CASES CITED : Hook v Simpsons Solicitors [1999] NSWSC 667. Wollongong Council v Smith [1999] NSWSC 473. DECISION : See Paragraph 35.

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Master Malpass

Friday 27 September 2002

11263 of 2002 Rickard Constructions Pty Limited (Under Deed of Company Arrangement) v James Doyle trading as "Doyles Construction Lawyers"