Lyons v Wende [2007] NSWSC 101

New South Wales Supreme Court

CITATION : Lyons v Wende [2007] NSWSC 101

HEARING DATE(S) : 15 February 2007 JUDGMENT OF : Cooper AJ

EX TEMPORE JUDGMENT DATE : 15 February 2007

DECISION : 1. In accordance with s 208M of the Legal Profession Act 1987, I grant leave to appeal from the decision of the Costs Review Panel of 29 July 2005. 2.I direct that the matter of the appeal be listed before the Registrar to make appropriate procedural directions for the expeditious hearing of the appeal. 3. I reserve the question of costs of this summons to abide the outcome of the appeal. 4. Notice of Motion is dismissed.

CATCHWORDS : Leave to appeal under s 208M Legal Profession Act 1987

LEGISLATION CITED : Legal Profession Act 1987 ss 208M and 208N Supreme Court Act 1970

CASES CITED : Wentworth v Rogers [2006] NSWCA 145

PARTIES : James Lyons trading as Lyons & Lyons v Herbert Wende & 4 Ors

FILE NUMBER(S) : SC 13627/05

F Austin - Plaintiff COUNSEL : In person - First Defendant In person - Third Defendant K Richardson - on behalf of Attorney General of NSW

Lyons & Lyons - Plaintiff SOLICITORS : Self - First Defendant Self - Third Defendant IV Knight - Crown Solicitor

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

COOPER AJ

THURSDAY 15 FEBRUARY 2007

13627/05 JAMES W LYONS TRADING AS LYONS & LYONS v HERBERT WENDE & 4 ORS

JUDGMENT 1 HIS HONOUR: By his further amended summons filed on 13 December 2005 the plaintiff claims that leave be granted to join the fourth and fifth named defendants pursuant to s 208NA of the Legal Profession Act 1987. I dealt with this yesterday. 2 Secondly, that insofar as it is required, pursuant to s 208M of the Legal Profession Act leave be granted to appeal the decision of the Costs Review Panel of 29 July 2005. He also seeks that the appeal be allowed and that the decision of the Costs Review Panel be set aside. He also seeks costs.