Attard v James Legal Pty Ltd [No 2] [2009] NSWSC 901

New South Wales Supreme Court

CITATION : Attard v James Legal Pty Ltd [No 2] [2009] NSWSC 901 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 25 August 2009

JUDGMENT DATE : 2 September 2009

JURISDICTION : Common Law

JUDGMENT OF : Simpson J

DECISION : (i) Statement of claim dismissed. (ii) Verdict and judgment for the cross-claimants against the first and second cross-defendants in the sum of $903,450.00 plus interest in the sum of $534,174.69. (iii) Verdict and judgment for the cross-claimants against the third cross-defendant in the sum of $300,000 plus interest in the sum of $126,196.24. (iv) Verdict and judgment for the cross-claimants against the fourth cross-defendant in the sum of $300,000 plus interest in the sum of $126,196.24. (v) Note that the verdict and judgment amounts in paragraphs 3 and 4 are included in the amount in paragraph 2. (vi) The plaintiffs to pay the defendants' costs of the proceedings and cross-claim.

CATCHWORDS : PROCEDURE – judgments and orders – effect of judgments – plaintiffs claim unsuccessful – defendants successful on cross-claim – quantification of moneys owing to defendants – whether plaintiff entitled to invoke assessment of costs regime – whether Court has power under Legal Profession Act to order assessment – in the alternative, whether Court should refer to referee – plaintiffs outside period stipulated by Legal Profession Act for assessment application – reasonableness of claim – verdict and judgment for defendants

LEGISLATION CITED : Legal Profession Act 1987 Uniform Civil Procedure Rules

CATEGORY : Consequential orders

CASES CITED : Attard v James Legal Pty Ltd [2009] NSWSC 811