NSW Caselaw
Reported Decision : 63 NSWLR 300
New South Wales Court of Appeal
CITATION: Lemoto v Able Technical Pty Ltd & 2 Ors [2005] NSWCA 153
HEARING DATE(S): 30 March 2005
JUDGMENT DATE: 9 May 2005
JUDGMENT OF: Hodgson JA at 1; Ipp JA at 12; McColl JA at 13
DECISION: (1) Extend to 18 June 2004 the time in which the appellant might seek leave to appeal against such orders as were made by the primary judge prior to 19 May 2004 (2)Grant leave to appeal and allow the appeal (3) Set aside the costs order made by Phegan DCJ in Chambers on 25 February 2004 (4)Order the first and second respondents to pay the appellant's costs of the appeal and of the application for leave to appeal (5)Third respondent to bear her costs of the appeal and of the application for leave to appeal.
CATCHWORDS: LEGAL PROFESSION - whether costs order properly made against solicitor pursuant to s 198M Legal Profession Act 1987 - whether case that solicitor provided legal services on a claim for damages without reasonable prospects of success - NATURAL JUSTICE - procedural fairness - failure to give full and sufficient notice of basis on which costs order might be made against solicitor - failure to give full and sufficient opportunity to respond to question whether costs order should be made to have regard to principles of natural justice - PROCEDURE - mode of making s 198 M costs application - procedure devised to deal with question whether a s 198M order should be made should have regard to principles of natural justice - JUDICIAL OFFICERS - exercise of judicial power - obligation to give reasons - STATUTORY INTERPRETATION - construction of Part 11, Division 5C of the Legal Professional Act 1987 - WORDS AND PHRASES - "without reasonable prospects of success" (D)
Arbitration (Civil Actions) Act 1983 Civil Liability Act 2002 Conciliation and Arbitration Act 1904 (Cth) Courts Legislation (Civil Procedure) Amendment Act 1991 District Court Act 1973 LEGISLATION CITED: District Court Rules 1973 Legal Profession Act 1987 Supreme Court Act 1970 Supreme Court Act 1981 (Imp) Supreme Court Rules 1970
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