Konstandopoulos v Giammaria [2004] NSWSC 1010

New South Wales Supreme Court

CITATION : Konstandopoulos v Giammaria [2004] NSWSC 1010 HEARING DATE(S) : 19 October 2004 JUDGMENT DATE : 12 November 2004 JURISDICTION: Equity Division JUDGMENT OF : Windeyer J at 1 DECISION : Declaration as to entitlement to future set off.

CATCHWORDS : Practice and Procedure - costs - ownership of costs in Compensation Court proceedings - where solicitors claim proprietary right in judgment for costs in place of claimant - whether solicitors entitled to an equitable charge over judgment for costs - Practice and Procedure - costs - set off- entitlement of plaintiffs to set off amount of costs as assessed against judgment obtained against defendant in Local Court - whether entitlement to an equitable charge operates to defeat plaintiffs' right to set off - Statutory interpretation - Workplace Injury Management and Workers Compensation Act 1998 - ss 105(1), 112(2)(b) and 116 LEGISLATION CITED : Workplace Injury Management and Workers Compensation Act 1998 Compensation Court Repeal Act 2002 Akki Pty Ltd v Martin Hall Pty Ltd (1994) 35 NSWLR 470 Ex Parte Patience; Makinson v The Minister (1940) 40 SR (NSW) 96 Miller v Director of Public Prosecutions (No 2) [2004] NSWCA 249 CASES CITED : Public Trustee v A M Hoipo Pty Limited (1999) 19 NSWCCR 215 Puddephatt v Leith (No 2) [1916] 2 Ch 168 Re A Debtor, No 21 of 1950 (No 2); Ex parte Petitioning Creditors v The Debtor [1951] Ch 612 Reid v Cuppa [1915] 2 KB 147 Wentworth v Wentworth (Young J 12 December, 2000 unreported) Nickolas Konstandopoulos and Vanessa Konstandopoulos (Plaintiffs) PARTIES : Robert Vito Giammaria (First Defendant) Russell Keddie, Tony Barakat and Scott Ralston trading as Keddies Litigation Lawyers (Second Defendant) FILE NUMBER(S) : SC 4724 of 2004 Mr B Donovan QC with him Mr T Hall (Plaintiffs) COUNSEL : No appearance (First Defendant) Mr Paul Barnes (Second Defendant) HAL Lawyers (Plaintiffs) SOLICITORS : No appearance (First Defendant) Keddies (Second Defendant)