THE ESTATE OF ROSALIND ALLWOOD v PETER VIVIAN BENJAFIELD [2009] NSWSC 1383

New South Wales Supreme Court

CITATION : THE ESTATE OF ROSALIND ALLWOOD v PETER VIVIAN BENJAFIELD [2009] NSWSC 1383

HEARING DATE(S) : 18/09/2009

JUDGMENT DATE : 25 November 2009

JURISDICTION : Common Law Division

JUDGMENT OF : Mathews AJ at 1

1.I decline to make orders as sought in paragraphs 1, 3 and 5 of the Summons herein 2.In relation to paragraph 2, (relating to memoranda numbers 2, 3, 6, 8, 9, 10 and 11 in Schedule 1 to the Summons), the Court has no jurisdiction to make the order sought, and I thus decline to make the order. DECISION : 3.Pursuant to paragraph 4, I order that the defendant provide to the plaintiff's solicitors an itemised bill of costs in respect of the services rendered in memoranda 1, 4, 5 and 7 in Schedule 1 to the Summons, such bill or bills to be delivered within 42 days 4.I order that the defendant allow the plaintiffs to have access to the files relating to the costs referred to in Schedule 1 to the Summons 5.I reserve the question of costs. 6.The defendant is to file written submissions regarding costs by Monday 30 November 2009 and the plaintiff by Thursday 3 December 2009. Any subsequent submissions in reply must be received by Friday 4 December 2009.

CATCHWORDS : Application for extension of time for assessment of costs - Inherent jurisdiction of the Court - s 209C of the Legal Profession Act 1987 - Discretionary factors

Legal Profession Act 1987 LEGISLATION CITED : Legal Profession Act 2004 Protected Estates Act 1983

CATEGORY : Principal judgment

Selosse v Whitten (1997) NSWSC 355 BIL (NZ Holdings) Ltd v Era House Ltd (1991) 23 NSWLR 280 CASES CITED : Parramatta River Lodge Pty Ltd v Sunman (1991) 5 BPR 12,038 Re Morris Fletcher & Cross' Bill of Costs [1997] 2 Qd R 228 Bechara t/as Bechara & Co v Atie & Anor [2005] NSWCA 268