Dubow v Fitness First Australia Pty Ltd; Fitness First Australia Pty Ltd v Dubow [2012] NSWSC 128

Supreme Court New South Wales

Medium Neutral Citation: Dubow v Fitness First Australia Pty Ltd; Fitness First Australia Pty Ltd v Dubow [2012] NSWSC 128 Hearing dates: 20/10/2011; 18/11/2011 Decision date: 27 February 2012 Before: Garling J Decision: (1) Stay of Hulme J's costs order in SC 30095/2005 subsists. (2) Pursuant to the Deed dated 5 November 2010, Fitness First Australia Pty Ltd was released from the effect of and liability for and in respect of the Hulme J costs order in SC 30095/2005. (3) Consequential relief ordered in each proceeding. (4) Ms Dubow to pay Fitness First Australia Pty Ltd's costs of each proceedings. Catchwords: CIVIL - complex and intertwined litigation history between parties - Order for costs in favour of one party stayed until further order - Certificates of costs issued - Deed of release entered - Costs certificates later registered as judgment in supreme court - Whether the stay on the execution of the orders for costs until further order subsists - Costs assessor not a judicial officer - Issuing of costs certificates does not amount to further order of Supreme Court - Construction of deed of release Legislation Cited: Legal Profession Act 2004 Local Court Act 2007 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Cassegrain v CTK Engineering [2008] NSWSC 457 Codelfa Constructions Pty Ltd v State Rail Authority of NSW [1982] HCA 24; 149 CLR 337 Dubow v Fitness First Australia Pty Ltd [2007] NSWSC 1390 Dubow v Fitness First Australia Pty Ltd; Fitness First Australia Pty Ltd v Dubow [2011] NSWSC 1357 Dubow v Fitness First Australian Pty Ltd [2007] NSWSC 935 Sindel v Georgiou [1984] HCA 58; 154 CLR 661 Grant v John Grant & Sons Pty Ltd [1954] HCA 23; 91 CLR 112 Hall Chadwick v Doyle [2006] NSWSC 1195 Khan v Jenni Mattila & Co Lawyers [2011] NSWSC 71 McCann v Switzerland Insurance Australia Ltd [2000] HCA 65; 203 CLR 579 Western Export Services Inc v Jireh International Pty Limited [2011] HCA 45 Wilkie v Gordian Runoff Ltd [2005] HCA 17; 221 CLR 522 Category: Principal judgment Parties: Yolande Victoria Frances Dubow Fitness First Australia Pty Ltd Representation: Counsel: Yolande Dubow (in person) B M Green (Fitness First Pty Ltd) C Mantziaris (2D in 2011/211563 on 20/10/2011) File Number(s): 2011/39253 2011/39995 2011/152563 2011/211563 Publication restriction: Nil