Kehoe v Williams [2008] NSWSC 807

New South Wales Supreme Court

CITATION : Kehoe v Williams [2008] NSWSC 807

HEARING DATE(S) : 5 August 2008

JUDGMENT DATE : 8 August 2008

JURISDICTION : Common Law

JUDGMENT OF : Harrison AsJ

(1) The application to grant an extension of time to appeal is refused. DECISION : (2) The summons filed 28 March 2008 is dismissed. (3) The plaintiff is to pay the defendant's costs as agreed or assessed.

CATCHWORDS : EXTENSION of time - Appeal costs assessor's decision

LEGISLATION CITED : Legal Profession Act 2004 Uniform Civil Procedure Rules

CATEGORY : Principal judgment

CASES CITED : Gallo v Dawson (1990) 93 ALR 479 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1

PARTIES : Stephen Bernard Kehoe (Plaintiff) John Segar Williams (Defendant)

FILE NUMBER(S) : SC 11350/2008

COUNSEL : K Beuth (Defendant)

SOLICITORS : S B Kehoe (Plaintiff in person) Townsends Business & Corporate Lawyers (Defendant)

LOWER COURT JURISDICTION : Costs Assessor

LOWER COURT FILE NUMBER(S) : 750/2007

LOWER COURT DATE OF DECISION : 25 July 2007

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ASSOCIATE JUSTICE HARRISON

FRIDAY, 8 AUGUST 2008

11350/2008 - STEPHEN BERNARD KEHOE v JOHN SEGAR WILLIAMS

JUDGMENT (Extension of time, appeal costs assessor's decision) 1 HER HONOUR: By summons filed 28 March 2008, the plaintiff seeks firstly, an order that an extension of time be granted in which to appeal a costs assessment dated 25 July 2007; secondly, orders invalidating the costs assessment; and thirdly, that a stay be immediately effected on any and all enforcement proceedings taken by the defendant from the costs assessment. 2 The plaintiff is Stephen Bernard Kehoe. The defendant is John Segar Williams. For convenience, I shall refer to the parties by name. The plaintiff relied on his own affidavit dated 30 April 2008 and the affidavit of Joseph Maurice Kasses dated 4 August 2008. The defendant relied on his own affidavit dated 13 June 2008.