Flexible Manufacturing Systems v Alter [2004] NSWSC 29

New South Wales Supreme Court

CITATION : Flexible Manufacturing Systems v Alter [2004] NSWSC 29 HEARING DATE(S) : 15 December 2003 JUDGMENT DATE : 17 February 2004 JURISDICTION: Common Law JUDGMENT OF : Master Harrison DECISION : (1) The appeal is upheld; (2) The decision of Mr Salier made on 7 July 2003 insofar as it relates to amending the bills of costs to the parties for whom the work was carried out is set aside; (3) The matter is remitted to the costs assessor for determination according to law; (4) The defendant is to pay the plaintiff's costs as agreed or assessed.

CATCHWORDS : Appeal decision of Costs Assessor - whether s 444E of Corporations Act applies - whether parties can be amended Corporations Act 2001 (Cth) - s 444E Jurisdiction of Court (Cross-Vesting) Act 1987 (NSW) LEGISLATION CITED : Legal Profession Reform Bill 1993 - Schedule 3 Legal Profession Regulations 2002 - Reg 54(3) Local Court Rules - Part 27 r 3(3) Blake v Norris (1990) 20 NSWLR 300 CASES CITED : Nabatu Pty Ltd v Crawley t/as Aubrey F Crawley & Company (NSWSC, 9 April 1998 unreported) Re Gualtieri: Exparte Martin & Savage Pty Ltd 130 ALR 523 Flexible Manufacturing Systems Pty Limited (Subject to Deed of Company Arrangement) (Plaintiff) PARTIES : Morgan Lewis Alter (Defendant) FILE NUMBER(S) : SC 11949/2003 Mr M Ashhurst (Plaintiff) COUNSEL : Mr G George (Defendant) Mr Peter Kemp of Peter Kemp Solicitors (Plaintiff) SOLICITORS : Mr L Ervits of Morgan Lewis Alter (Defendant)