NSW Caselaw
New South Wales Supreme Court
CITATION : Najem v Maatouk [2010] NSWSC 20
HEARING DATE(S) : 16 & 17 September 2009
JUDGMENT DATE : 10 February 2010
JURISDICTION : Common Law
JUDGMENT OF : McCallum J
(1) The time within which the application for leave to appeal under s 208M of the Legal Profession Act 1987 may be brought is extended up to and including 18 July 2008. (2) The appeal on grounds 1, 2, 3, 4 and 7 is allowed. DECISION : (3) The Certificates as to Determination of the costs assessor dated 7 March 2008 and 14 March 2008 are set aside. (4) The defendant pay the plaintiff's costs of the appeal including the application for leave to appeal. I will hear the parties as to whether a review panel would have power under Subdivision 4A of Division 6 of Part 11 of the Legal Profession Act 1987 to determine the balance of the appeal.
LEGISLATION CITED : Legal Profession Act 1987 Uniform Civil Procedure Rules 2005
CATEGORY : Principal judgment
Doyle v Hall Chadwick [2007] NSWCA 159 CASES CITED : Sweeney v Australian Securities and Investments Commission [2006] NSWCA 230 Turnbull v New South Wales Medical Board [1976] 2 NSWLR 281 Wentworth v Rogers [2006] NSWCA 145
PARTIES : John Najem (Plaintiff) Peter Maatouk trading as Maatouks Law Group (Defendant)
FILE NUMBER(S) : SC 13621/08
COUNSEL : Mr C Taylor (Plaintiff) Mr MK Rollinson (Defendant)
SOLICITORS : Sanford Legal (Plaintiff) Maatouks Law Group (Defendant)
- 25 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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