Maureen Mary Young v Wayne Vincent Annis-Brown t/as Lincoln Smith & Company [2011] NSWSC 475

Supreme Court New South Wales

Medium Neutral Citation: Maureen Mary Young v Wayne Vincent Annis-Brown t/as Lincoln Smith & Company [2011] NSWSC 475 Hearing dates: 4 May 2011 Decision date: 24 May 2011 Jurisdiction: Equity Division Before: Bergin CJ in Eq Decision: Order 1 of the Summons dated 24 March 2011 is dismissed Catchwords: PRACTICE AND PROCEDURE - whether Part 50.5(2) of the Uniform Civil Procedure Rules applies - whether the Costs Assessor "must" or should be joined as a party to the proceedings - circumstances in which joinder should occur. Legislation Cited: Legal Profession Act 1987 (repealed) Uniform Civil Procedure Rules 2005 Cases Cited: Brierley v Reeves t/as Kaplan Reeves & Co [2000] NSWSC 305 Cassegrain v CTK Engineering; Cassegrain v Cassegrain [2008] NSWSC 457 Dobell v Blue Haven Pools and Spas Pty Ltd [2009] NSWCA 77 Furber v Gray [2002] NSWSC 1144 Lyons v Wende [2007] NSWSC 100 O'Connor v Fitti [2000] NSWSC 540 Category: Interlocutory applications Parties: Maureen Mary Young (Plaintiff) Wayne Vincent Annis-Brown trading as Lincoln Smith & Company (1st Defendant) Ian Francis Dwyer (proposed 2nd Defendant) Representation: Counsel: J Jobson (Plaintiff) M J Stevens (1st Defendant) V Musico (solicitor) (proposed 2nd Defendant) Solicitors: Beazley Singleton Lawyers (Plaintiff) Lincoln Smith & Company (1st Defendant) Crown Solicitor (proposed 2nd Defendant) File Number(s): 2011/94912