NSW Caselaw
New South Wales Court of Appeal
CITATION : Sorridimi v Moros & Anor [2004] NSWCA 168 HEARING DATE(S) : 28/05/04 JUDGMENT DATE : 28 May 2004
JUDGMENT OF : Ipp JA at 1; McColl JA at 13; Cripps AJA at 14 DECISION : (1) Leave to appeal granted (2) Appeal upheld (3) Order made by Herron ADCJ refusing the appellant's application that costs be paid by the second opponent's solicitors (under s 198M of the Legal Profession Act 1987 (NSW)) be set aside (4) Matter remitted to the District Court for hearing according to law (4) Costs of today's hearing be costs in the cause.
CATCHWORDS : PRACTICE AND PROCEDURE - Application in District Court for costs order under s 198M of the Legal Profession Act 1987 (NSW) - Where District Court Judge dismissed application without hearing material in support of the application - whether failure of natural justice - Whether matter should be remitted to the District Court. ND LEGISLATION CITED : Legal Profession Act 1987 (NSW), s 198M Michael Sorridimi (Claimant) PARTIES : Anthony Moros by his Tutor Stelios Moros (First Opponent) Nicholas Karefylakis (Second Opponent) FILE NUMBER(S) : CA 40760/03 H Marshall SC/J Young (Claimant) COUNSEL : No Appearance (First Opponent) M C L Dicker (Second Opponent) SOLICITORS : Gillis Delaney Brown (Claimant) Yeldham & Associates (Second Opponent)
LOWER COURT District Court JURISDICTION : LOWER COURT DC 8357/97 FILE NUMBER(S) : LOWER COURT Herron ADCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
CA 40760/03 DC 8357/97
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