NSW Caselaw
New South Wales Court of Appeal
CITATION: Sweeney v Australian Securities and Investments Commission [2006] NSWCA 230
HEARING DATE(S): 6 November 2006
JUDGMENT DATE: 6 November 2006
JUDGMENT OF: Handley JA at 1, 28; Tobias JA at 18; McColl JA at 27
EX TEMPORE JUDGMENT DATE: 11/06/2006
DECISION: 1. Leave to appeal refused.; 2. Summons dismissed with costs.
CATCHWORDS: COSTS – bill of costs included work done by solicitors involved in decision to commence proceedings – objection that solicitors disqualified and costs should be disallowed – objection overruled
LEGISLATION CITED: Civil Procedure Act 2005 Legal Profession Act 1987
Caccia v Haines (1994) 179 CLR 403 Campbelltown City Council v Vegan [2006] NSWCA 284 CASES CITED: Parramatta City Council v Palmyra Freeholds Pty Ltd (1974) 2 NSWLR 83 Wentworth v Rogers [2006] NSWCA 145 Williams v Spautz (1992) 174 CLR 509
PARTIES: Charles Sweeney (Claimant) Australian Securities and Investments Commission (Opponent)
FILE NUMBER(S): CA 40156 of 2006
COUNSEL: in person (Claimant) D R Stack (Opponent)
SOLICITORS: Noel F Bracks & Co (Claimant) Australian Securities and Investments Commission (Opponent)
LOWER COURT JURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S): SC 10792 of 2005
LOWER COURT JUDICIAL OFFICER: Hoeben J
LOWER COURT DATE OF DECISION: 2 March 2006
LOWER COURT MEDIUM NEUTRAL CITATION: [2006] NSWSC 103
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40156 of 2006
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