Amirbeaggi & 2 ors v Business in Focus (Australia) Pty Ltd & 5 ors [2008] NSWSC 421

New South Wales Supreme Court

CITATION : Amirbeaggi & 2 ors v Business in Focus (Australia) Pty Ltd & 5 ors [2008] NSWSC 421

HEARING DATE(S) : 2 April 2008 JURISDICTION : Equity Division Expedition List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 2 April 2008

DECISION : Formal requirements for summary judgment not satisfied. Deed was a "costs agreement" and was void, as it contained provision barring costs assessment. Proceedings to recover debt under deed were proceedings to recover costs and an abuse of process.

CATCHWORDS : LEGAL PRACTITIONERS – costs – whether agreement providing for how costs would be paid was a "costs agreement" – if so, whether void as barring right to costs assessment – whether right to costs assessment can be excluded – whether proceeding for debt under deed were proceedings to recover costs – if so, whether an abuse of process while costs assessment proceedings pending. - PROCEDURE – summary judgment – evidentiary requirements – formal requirements – belief in absence of defence – where expressed in limited terms – whether regard should be had to possibility of other defences as yet unarticulated.

LEGISLATION CITED : (NSW) Legal Practitioners Act 1898, s 21 (NSW) Legal Profession Act 2004, ss 301, 302, 322(1), 322(2), 322(5), 326, 327, 355(b), 395A

CATEGORY : Principal judgment

Burbidge v Wolf [2008] NSWSC 60 Dodd v Gillis (1989) 16 NSWLR 623 CASES CITED : Harris v Digital Pulse Pty Ltd (2003) 56 NSWLR 298 Kamay v Miss X (1986) FLC 91-754 Koutsourais v Metledge & Associates [2004] NSWCA 313 Sharp v Dane (1903) 25 ALT 54; 9 ALR 155