Frumar v The Owners of Strata Plan 36956 [2006] NSWSC 224

New South Wales Supreme Court

CITATION : Frumar v The Owners of Strata Plan 36956 [2006] NSWSC 224

HEARING DATE(S) : 28 March 2006

JUDGMENT DATE : 4 April 2006

JURISDICTION : Common Law

JUDGMENT OF : Associate Justice Harrison

DECISION : (1) Leave to appeal is refused; (2) The appeal is dismissed; (3) The decision of the Costs Review Panel dated 31 August 2005 is affirmed; (4) The summons is dismissed; (5) The plaintiff is to pay the defendant's costs as agreed or assessed.

CATCHWORDS : Appeal - Costs Review Panel - cross claim, solicitor's hourly rates, disbursements

LEGISLATION CITED : Legal Profession Act 1987 (NSW) - s 208L Legal Profession Regulations 2002 (NSW)

Cachia v Colaco [2004] NSWSC 1043 CASES CITED : Kells v Muligan & Anor [2002] NSWSC 769 Madden v NSW IMC [1999] NSWSC 196

Geoffrey Craig Frumer (Plaintiff) PARTIES : The Owners of Strata Plan 36957 (Defendant)

FILE NUMBER(S) : SC 14177/2005

Mr G Sirtes COUNSEL : (Plaintiff) Mr R Gambi (Defendant)

Mr G C Frumar (Plaintiff) SOLICITORS : Ebsworth & Ebsworth (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ASSOCIATE JUSTICE HARRISON

TUESDAY, 4 APRIL 2006

14177/2005 - FRUMAR v THE OWNERS OF STRATA PLAN 36956

JUDGMENT (Appeal - Costs Review Panel; cross claim, solicitor's hourly rates, disbursements) 1 HER HONOUR: By summons filed 9 September 2005 the plaintiff seeks firstly, an order pursuant to s 208L of the Legal Profession Act 1987 (NSW) (the Act) that the determination of the Cost Review Panel dated 31 August 2005 be set aside; secondly, that the matter be remitted back to the Cost Review Panel to be redetermined according to law; thirdly, in the alternative to the second order, an order that the Court make such determination as, in the Court's opinion, should have been made by the Cost Review Panel; fourthly, in the alternative to the above orders, an order that leave be granted to the plaintiff to appeal against the determination of the Cost Review Panel dated 31 August 2005 pursuant to s 208M of the Act; fifthly, pursuant to any leave being granted pursuant to the fourth order, an order that the determination of the Cost Review Panel dated 31 August 2005 be set aside, and that the Court make such determination as, in the Court's opinion, should have been made by the Cost Review Panel. 2 The plaintiff is Geoffrey Craig Frumar. The defendant is the Owners of Strata Plan 36957. The plaintiff relied on his two affidavits namely those sworn 15 November 2005 and 2 February 2006. The defendant relied upon the affidavit of Elizabeth Jane Patrick sworn 20 December 2005. For convenience, I shall refer to the parties as the plaintiff and the defendant.