Wentworth v Rogers [2007] NSWSC 1399

New South Wales Supreme Court

CITATION : Wentworth v Rogers [2007] NSWSC 1399

30 October 2007 HEARING DATE(S) : 1 November 2007 29 November 2007

JUDGMENT DATE : 29 November 2007

JUDGMENT OF : Price J at 1

DECISION : 13492 of 2001 1. The certificates of assessment issued in Assessment no 91247/00 be permanently stayed. 2. The defendant is to pay the plaintiff's costs of the motion. 13494 of 2001 1. The certificates of assessment issued in Assessment no 91248/00 be permanently stayed. 2. The defendant is to pay the plaintiffs' costs of the motion.

CATCHWORDS : Civil procedure - application to set aside assessments of costs - permanent stay.

LEGISLATION CITED : Legal Profession Act 1987 s 208L, s 208M

CASES CITED : Wentworth v Rogers; Wentworth & Russo v Rogers [2006] NSWCA 145

Katherine Wentworth (First plaintiff) PARTIES : Salvatore Russo (Second plaintiff) Gordon Rogers (Defendant)

FILE NUMBER(S) : SC 13492/01; 13494/01

COUNSEL : Mr Cotman SC (Applicant)

SOLICITORS : Russo & Partners (Applicant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

PRICE J

29 November 2007

13492/01 Wentworth v Rogers 13494/01 Wentwoth & 1 Other v Rogers

JUDGMENT 1 HIS HONOUR: By notices of motion, Ms Wentworth seeks orders setting aside assessments of costs issued on 24 October 2001. The assessments in proceedings 91247/00 are for $25,300.50 and $4,292.75 payable by Ms Wentworth and the assessment in proceedings 91248/00 is for $147,085.03 payable by Ms Wentworth and Mr Russo. Mr Russo joins Ms Wentworth in the application to set aside this cost assessment. Both cost assessments were made in favour of Mr Rogers. 2 The motions were listed for hearing on 30 October 2007. Mr Cotman SC appeared for the plaintiffs and there was no appearance by or on behalf of Mr Rogers. The hearing proceeded in his absence and judgment was reserved. 3 It seems that Mr Rogers regards himself as not having an interest in the proceedings. In a letter dated 23 July 2007 addressed to the "Chief Registrar". Mr Rogers wrote: "I wish to bring to the Court's attention that on 9 October 2006 I assigned absolutely cost orders awarded in the Supreme Court in my favour, amounting to $25,300.50 (91247/00) and $147,085.03 (91248/00) to Virginia Lydiard, Gayle Preston and Richard Licardy. As such I cannot see how I am referred to as the 'defendant' when I have no beneficial interest in the matter".