NSW Caselaw
New South Wales Supreme Court
CITATION : Doyles v Quin [2008] NSWSC 128
HEARING DATE(S) : 11 February 2007
JUDGMENT DATE : 28 February 2008
JURISDICTION : Common Law
JUDGMENT OF : Harrison AsJ
(1) An extension of time to file this appeal is granted DECISION : (2) The summons filed 14 November 2006 is dismissed (3) The plaintiff is to pay the defendants' costs.
CATCHWORDS : APPEAL - Costs Assessor
LEGISLATION CITED : Legal Profession Act 1987 Uniform Civil Procedure Rules 2005
CATEGORY : Principal judgment
Frumar v Owners of Strata Plan 36957 (2006) 67 NSWLR 321 CASES CITED : Larsen v Vile [1999] NSWCA 397 Marano v Quagliero [2006] NSWSC 1364
Doyles Construction Lawyers (Plaintiff) PARTIES : Ken Quin (First defendant) Ian Francis Dwyer (Second defendant)
FILE NUMBER(S) : SC 11542/2006
COUNSEL : J Doyle (Plaintiff) R M McCulloch (First defendant)
SOLICITORS : Doyles Construction Lawers (Plaintiff) Pike Pike & Fenwick (First defendant)
LOWER COURT JURISDICTION : Costs Assessor
LOWER COURT FILE NUMBER(S) : 92044/2005
LOWER COURT JUDICIAL OFFICER : Ian Francis Dwyer
LOWER COURT DATE OF DECISION : 6 October 2006
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
ASSOCIATE JUSTICE HARRISON
THURSDAY, 28 FEBRUARY 2008
15542/2006 - DOYLES CONSTRUCTION LAWYERS v KEN QUIN
JUDGMENT (Appeal decision of costs assessor) 1 HER HONOUR: By summons filed 14 November 2006, the plaintiff seeks firstly, an order granting an extension of time to file for leave to appeal pursuant to Rule 50.12(1) of the Uniform Civil Procedure Rules 2005; secondly, an order that the certificate as to determination of costs as assessed by Mr Ian Francis Dwyer, costs assessor, issued 6 October 2006 be set aside; and thirdly, that the matter be redetermined by a review panel. 2 The plaintiff is Doyles Construction Lawyers (Doyles). The first defendant is Ken Quin (Mr Qin). The second defendant is Ian Francis Dwyer. Doyles relied on the affidavits of Daniel Vicano sworn 26 April 2007 and the affidavit of George Hayek sworn 6 December 2007. Doyles were engaged by Mr Quin to perform legal services which related to Mr Quin's neighbours conducting construction work on their property which had an adverse effect on his property.
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