Attard v James Legal Pty Ltd [2010] NSWCA 311

Reported Decision: 80 ACSR 585

New South Wales Court of Appeal

CITATION: Attard v James Legal Pty Ltd [2010] NSWCA 311

HEARING DATE(S): 8 June 2010, 9 June 2010

JUDGMENT DATE: 23 November 2010

JUDGMENT OF: Beazley JA at 1; Giles JA at 4; Tobias JA at 33

(a) Appeal allowed in part. (b) Set aside Order 2 made by Simpson J on 4 September 2009. (c) In lieu thereof, subject to Order (d), order pursuant to UCPR 20.14 that the amount due and owing by the first and second cross-defendants to the cross claimants pursuant to the cross-claim be referred to a referee experienced in the assessment of legal costs and disbursements for assessment as to the fairness and reasonableness of the costs claimed by the cross-claimants in their cross-claim upon condition that the first and second cross-defendants pay to the cross claimants 60% of the amounts referred to in the said Order 2 within 28 days of the date of this order. (d) Direct that the parties submit within 21 days of the date of these orders, an order for reference in accordance with Order (c) to an agreed referee which order will be made in chambers. DECISION: (e) Stay Orders 3 and 4 made by Simpson J on 4 September 2009 until the said reference has been completed and any report of the referee has been adopted or otherwise dealt with by the Court pursuant to UCPR 20.24. (f) The appellants to pay 75% of the respondents' costs of the appeal. (g) The costs of the reference referred to in Order (b) above be reserved to the trial judge when dealing with the referee's report pursuant to UCPR 20.24. (h) Grant liberty to the parties to apply for variation of these orders by notice of motion accompanied by written submissions to be filed and served within 7 days of the date of these orders. [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]