NSW Caselaw
New South Wales Supreme Court
CITATION : Hirsch & Ors v Marchlewski & Anor [2004] NSWSC 942 revised - 21/10/2004 HEARING DATE(S) : 11 October 2004 JUDGMENT DATE : 20 October 2004 JURISDICTION: Common Law Division JUDGMENT OF : Master Malpass at 1 DECISION : The determination of the costs assessment panel is set aside in part (being the finding made in 8.1 of the reasons); the decision of this court is remitted to the panel and the panel is ordered to redetermine the said part of the application; the defendants are to pay the costs of the summons; if so entitled, the defendants are to have a certificate under the Suitors' Fund Act 1951; the exhibits may be returned.
CATCHWORDS : Conditional costs agreement - statute requires that it set out circumstances constituting successful outcome - misdirection by panel. LEGISLATION CITED : Legal Profession Act 1987 David Hirsch & 16 others as named in the schedule of plaintiffs attached to the summons (Plaintiffs) PARTIES : Roman Marchlewski (First Defendant) Lamphud Marchlewski (Second Defendant) FILE NUMBER(S) : SC 11200 of 2004 COUNSEL : Mr M Brabazon (Plaintiffs) Mr R Marchlewski (In person) (Defendants) SOLICITORS : Maurice Blackburn Cashman (Plaintiffs) N/A (Defendants)
LOWER COURT Costs Assessment Panel JURISDICTION : LOWER COURT 92204 of 2001 FILE NUMBER(S) : LOWER COURT Mr I F Dwyer, Mr C P Wall JUDICIAL OFFICER :
- 4 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
Master Malpass
20 October 2004
11200 of 2004 David Hirsch & Ors v Roman Marchlewski & Anor
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