David Doyle v Hall Chadwick [2011] NSWSC 895

Supreme Court New South Wales

Medium Neutral Citation: David Doyle v Hall Chadwick [2011] NSWSC 895 Hearing dates: 25 and 26 July 2011 Decision date: 18 August 2011 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Paragraphs [5] to [7] of the amended summons filed 13 July 2011 are dismissed. (2) The first defendant is to pay the plaintiff's costs up to and including the 14 April 2011 on a party/party basis, including his costs incurred on 25 February 2011. (3) The plaintiff is to pay the first defendant's costs after 14 April 2011, including the hearing in relation to paragraphs [5] to [7] of the amended summons on a party/party basis. (4) The second and third defendants are to pay their own costs of these proceedings. (5) Dr Doyle is to pay the Attorney General's costs from 14 April 2011 to date. These costs are assessed at $5000. Catchwords: PROCEDURE - civil - application to have District Court judgment entered in relation to a costs assessment set aside - consideration of indemnity costs- whether a costs order should be made against costs review panel and Attorney General. Legislation Cited: Civil Procedure Act 2005 Legal Profession Act 2004 Uniform Civil Procedure Rules 2005 Cases Cited: Advancex Management Consultancy Pty Ltd v Martin Conway Beech [2003] NSWSC 638 Cat Media Pty Ltd v Allianz Australian Insurance Ltd [2006] NSWSC 790 Cufurovic v Coshott [2009] NSWSC 372 Darkyung Local Aboriginal Land Council v Darkyung Pty Ltd (in Liq) [2010] NSWCA 351 Frumar v The Owners of Strata Plan 36957 [2010] NSWCA 172 Kumar v Mitchell (1990) 32 FCR 190, (1991) 26 ALD 421 Leichhardt Municipal Council v Green [2004] NSWCA 341 Magistrates' Court of Victoria at Heidelberg v Robinson [2000] VSCA 198 Minister for Immigration & Multicultural & Indigenous Affairs v Naos of 2002 [2003] FCAFC 142 Minister for Immigration and Ethnic Affairs; ex parte Lai Qin [1997] HCA 6, (1997) 186 CLR 622 New South Wales Crime Commission v Fleming (1991) 24 NSWLR 116 Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2; 211 CLR 476 Sahab Holding Pty Ltd v Registrar-General and Castle Constructions Pty Ltd [2009] NSWSC 1143 SBAU v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 70 ALD 72 Sydney City Council v Geftlick [2006] NSWCA 280 Category: Principal judgment Parties: David Doyle - Plaintiff Hall Chadwick - First Defendant Robbert Fox - Second Defendant Ian Dwyer - Third Defendant Attorney General for the State of New South Wales - Fourth Defendant Representation: D Doyle - Plaintiff M Castle - First Defendant C Mantziaris - Second, Third & Fourth Defendants The Builders' Lawyer Pty Ltd - Plaintiff HWL Ebsworth Lawyers - First Defendant IV Knight, Crown Solicitor - Second, Third & Fourth Defendants File Number(s): 2010/237932