NSW Caselaw
New South Wales Supreme Court
CITATION : Palenzuela v Palaje [2010] NSWSC 836
HEARING DATE(S) : 9 July 2010, 5 August 2010
JUDGMENT DATE : 10 August 2010
JUDGMENT OF : Gzell J
DECISION : Under the Legal Aid Commission Act 1979, s 47(3) defendant only liable for costs incurred during periods when she was not a legally assisted person. Plaintiff to pay defendant's costs.
CATCHWORDS : PROCEDURE - COSTS - Orders for costs made against a legally assisted person - whether the exclusion from liability for costs in the Legal Aid commission Act 1979, s 47(1) is limited to orders for costs and does not affect any covenant in a security or entitlement under the Uniform Civil Procedure Rules 2005, Pt 42, r 42.25 - whether plaintiff an equitable mortgagee - whether issue estoppel prevents a claim under the law - whether it applies to an equitable chargee - whether judgment at first instance made a charging order under the Civil Procedure Act 2005, s 126
Legal Aid Commission Act 1979 Uniform Civil Procedure Rules 2005 LEGISLATION CITED : Supreme Court Rules 1970 Contracts Review Act 1918 Civil Procedure Act 2005 Conveyancing Act 1919
Palenzuela v Palaje [2008] NSWSC 527 Palenzuela v Palaje [2008] NSWCA 349 Palenzuela v Palaje & Ors [2009] NSWSC 1371 Maher v Network Finance Ltd (1986) 4 NSWLR 694 CASES CITED : Athens v Randwick City Council [2005] NSWCA 317; (2005) 64 NSWLR 58 Brewer v Brewer (1953) 88 CLR 1 Blair v Curran (1939) 62 CLR 464 In re Leighton's Conveyance [1937] Ch 149 Gallie v Lee (No 2) [1971] AC 1039
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