Dunn v McCarthy QC [2007] NSWSC 1336

New South Wales Supreme Court

CITATION : Dunn v McCarthy QC [2007] NSWSC 1336

HEARING DATE(S) : 14 November 2007

JUDGMENT DATE : 23 November 2007

JURISDICTION : Common Law Division - Administration Law List

JUDGMENT OF : Associate Justice Harrison

DECISION : (1) Leave to grant an extension of time to lodge the appeal is refused; (2) The appeal is dismissed; (3) Leave to appeal is refused; (4) The summons filed 24 July 2007 is dismissed; (5) The plaintiff is to pay the defendant's costs as agreed or assessed.

CATCHWORDS : Leave to appeal - appeal decision of Costs Assessor

LEGISLATION CITED : Legal Profession Act 2004 (NSW) - ss 328, 350, 361, 367, 384, 385

Jackamarra v Krakouer (1998) 153 ALR 276; (1998) 195 CLR 516 CASES CITED : Larsen v Vile [1999] NSWCA 397 Motor Trade Finances Prestige Leasing Pty Ltd v Eldersie Finance Group Corporation Ltd & Ors [2006] NSWSC 1348

PARTIES : Craig Dunn - Plaintiff John McCarthy QC - Defendant

FILE NUMBER(S) : SC 30074/2007

COUNSEL : Mr J M Miller - Plaintiff Mr A R Davis - Defendant

SOLICITORS : Noble Lawyers - Plaintiff M J Lawyers - Defendant

LOWER COURT JURISDICTION : Costs Assessor

LOWER COURT FILE NUMBER(S) : 00002701/06

LOWER COURT JUDICIAL OFFICER : Mr G A Salier AM

LOWER COURT DATE OF DECISION : 20 June 2007

- 10 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST

ASSOCIATE JUSTICE HARRISON

FRIDAY, 23 NOVEMBER 2007

30074/2007 - CRAIG DUNN v JOHN McCARTHY QC

JUDGMENT (Leave to appeal; appeal decision of Costs Assessor) 1 HER HONOUR: By summons filed 24 July 2007, the plaintiff firstly, seeks leave to appeal the determination of costs, dated 20 June 2007, in costs assessment number 00002701/06, pursuant to s 384 of the Legal Profession Act 2004 (NSW) (LPA); and secondly, an order setting aside the Certificate of Determination of Costs dated 20 June 2007, or in the alternative, a declaration that the costs payable by the application in costs assessment number 00002701/06 is assessed at 'nil'. 2 The plaintiff is Craig Dunn. The defendant is John McCarthy QC. Mr Dunn was a shareholder and director of Motor Trade Finances Prestige Leasing Pty Limited. Mr McCarthy QC was briefed to appear at trial in proceedings 50065/2005 between Motor Trade Finances Prestige Leasing Pty Ltd (Prestige Leasing) v Eldersie Finance Group Corporation Ltd & Ors. Those proceedings were heard by White J in this Court between 14 November 2005 and 23 November 2005. On 8 December 2006, White J delivered judgment in Motor Trade Finances Prestige Leasing Pty Ltd v Eldersie Finance Group Corporation Ltd & Ors [2006] NSWSC 1348.