NSW Caselaw
New South Wales Supreme Court
CITATION : Ballard v Carlisle Attorneys Pty Ltd [2010] NSWSC 769
HEARING DATE(S) : 9 July 2010 JURISDICTION : Equity
JUDGMENT OF : Pembroke J
EX TEMPORE JUDGMENT DATE : 9 July 2010
DECISION : See judgment paragraph 22
CATCHWORDS : COSTS ASSESSMENT - not a proceeding within meaning of Rules - COSTS ASSESSOR - not officer of court - DISCRETION - bifurcated claims before assessor and court - duplicity - unnecessary expense - possible oppression - Cost Assessment proceedings - discretion - refusal to stay - refusal to interfere
CATEGORY : Principal judgment
Attard v James Legal [2004] NSWSC 478 CASES CITED : Brierley v Reeves [2000] NSWSC 305 Diemasters Pty Ltd v Meadowcorp Pty Ltd (unreported, Supreme Court of NSW, Macready M 16 July 2003)
PARTIES : David Ballard Carlisle Attorneys Pty Ltd
FILE NUMBER(S) : SC 2010/00074261
COUNSEL : Ms J McDonald - for the Plaintiff P Carlisle - Solicitor for the Defendant
SOLICITORS : Sagacious Legal Pty Ltd - for the Plaintiff Carlisle Attorneys Pty Ltd - for the Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
PEMBROKE J
FRIDAY 9 JULY 2010
2010/74261 - DAVID BALLARD V CARLISLE ATTORNEYS PTY LTD TRADING AS CARLISLE ATTORNEYS
EX TEMPORE JUDGMENT
1 HIS HONOUR: These proceedings relate to three contentious costs assessments currently before an assessor, Mr John Sharpe. The first two assessments were commenced by the defendant. The third was commenced by the plaintiff. 2 The plaintiff is a former client of the defendant. He has now engaged other solicitors to represent him in litigation brought by him against Multiplex in the Commercial List of this court. The estimate of the length of the Commercial List hearing is four weeks and a date for that hearing will soon be allocated.
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