NSW Caselaw
New South Wales Supreme Court
CITATION : Gorczynski v Holden [2010] NSWSC 992
HEARING DATE(S) : 5 July 2010
JUDGMENT DATE : 3 September 2010
JUDGMENT OF : McCallum J
The orders are: DECISION : 1.That leave to appeal be granted. 2. That the appeal be allowed. 3.That order 3 made by the Magistrate in each of the proceedings below be varied by adding the words "together with the defendant's costs of the proceedings from 1 May 2007 as agreed or assessed on an indemnity basis.
CATCHWORDS : PROCEDURE - costs - appeal as to costs - whether Magistrate erred in considering herself constrained by law applicable in Small Claims Division - determination by solicitors to discontinue proceedings - whether costs should have been ordered on indemnity basis after after they failed to seek leave to do so
Legal Profession Act 1987 Legal Profession Act 2004 LEGISLATION CITED : Local Court Act 2007 Uniform Civil Procedure Rules 2005 Civil Procedure Act 2005 Local Courts (Civil Procedure) Rules 2005
CATEGORY : Principal judgment
Gorczynski v Holden [2008] NSWSC 334 Arnoldus-Lewis v Murphy [2008] NSWSC 1103 CASES CITED : Murphy v Arnoldus-Lewis [2009] NSWCA 142 Ashi v Pty Ltd v Karasco Investments Pty Ltd [2009] NSWSC 780 Loudoun-Shand v Jadasi Investments Pty Ltd [2007] NSWCA 316
PARTIES : Peter Gorczynski Michael Geoffrey Anthony Holden, StephenEdward Martin, Ian John Benecke and Brenden John Miller t/as "Garland Hawthorn Brahe"
FILE NUMBER(S) : SC 2009/296263
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