NSW Caselaw
New South Wales Supreme Court
CITATION : Sweeney v R & D Coffey Pty Ltd & Anor [2004] NSWSC 938 HEARING DATE(S) : 8 October 2004 JUDGMENT DATE : 15 October 2004 JURISDICTION: Common Law Division JUDGMENT OF : Master Malpass at 1 DECISION : The notice of motion is dismissed; the applicant is to pay the costs of the notice of motion; the exhibit may be returned.
CATCHWORDS : Ex parte assesment - alleged non service of formal order for costs - alleged non service of application - who has to serve unlodged and lodged application - costs assessor and substituted service - need to show utility - alleged nullity and validity of what is taken to be a judgment of the court. Legal Profession Act 1987, ss208J, 208L, 208M LEGISLATION CITED : Legal Profession Regulation Supreme Court Act 1970, ss81, 195, 204 Supreme Court Rules, Pt 40 r9 CASES CITED : Brierley v Anthony Charles Reeves [2000] NSWSC 305 Geraldine Sweeney (First Plaintiff) Charles Sweeney (Second Plaintiff) PARTIES : R & D Coffey Pty Limited (First Defendant) Andre Heyko-Porebski T/A Andre Porebski & Associates (Second Defendant) J Grant Pools Pty Limited (Third Defendant) Wholohan Grill & Partners Pty Limited (Fourth Defendant) FILE NUMBER(S) : SC 16433 of 1991; 12453 of 2004 COUNSEL : Mr M Gorrick (Second Plaintiff) Mr E G Romaniuk (Fourth Defendant) SOLICITORS : Noel F Bracks & Co (Second Plaintiff) Colin Biggers & Paisley (Fourth Defendant)
LOWER COURT Costs Assessor JURISDICTION : LOWER COURT 92452/99 FILE NUMBER(S) : LOWER COURT Mr B Green JUDICIAL OFFICER :
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