Cachia v Colaco [2004] NSWSC 1043

New South Wales Supreme Court

CITATION : Cachia v Colaco [2004] NSWSC 1043 HEARING DATE(S) : 04/11/2004 JUDGMENT DATE : 12 November 2004 JURISDICTION: Common Law JUDGMENT OF : Burchett AJ at 1-18 DECISION : Summons dismissed with costs.

CATCHWORDS : Costs - assessment by a panel under the Legal Profession Act 1987 - appeal on law to Supreme Court - party and party bill of litigant in person not being a legal practitioner - requirement that panel give reasons - distinction under Regulation 68 between reasons relating to costs and to disbursements - requirement of s.208KG as to reasons - meaning of "costs" in the Legal Profession Act - items disallowed as not fair and reasonable - whether that a sufficient reason - taxing officers' expertise and Court's reluctance to interfere with their view on quantum - whether evidence given as expert witness - time preparing his own affidavit not a disbursement allowable to a litigant in person - notes for cross-examination not allowable. LEGISLATION CITED : Legal Profession Act 1987 Supreme Court Rules 1970 (NSW) Cachia v Hanes (1994) 179 CLR 403 Cachia v Hanes (1991) 23 NSWLR 304 CASES CITED : Hart v Aga Khan Foundation (U.K.) [1984] 1 WLR 994 at 1006 Cachia v Isaacs (1989) BC 8902724 at 16 Freeman v McNally [2003] NSWSC 780 Lawrence v M D Nikolaidis & Co (2003) 57 NSWLR 355 at 364 Saviour Laurence CACHIA - Plaintiff PARTIES : Wilfred Servelo Colaco - First Defendant Doris Bella Colaco - Second Defendant FILE NUMBER(S) : SC 11001/04 COUNSEL : Did not appear on either side. SOLICITORS : Mr P J Kelso Taylor Kelso - Defendants