HARRIS v VILLACARE PTY LIMITED [2012] NSWSC 452

Supreme Court New South Wales

Medium Neutral Citation: HARRIS v VILLACARE PTY LIMITED [2012] NSWSC 452 Hearing dates: 14, 22 July, 29 September 2011 Decision date: 08 May 2012 Jurisdiction: Common Law Before: RS Hulme J Decision: (i) Pursuant to s 99(2)(a)(ii) of the Civil Procedure Act 2005, disallow as between Stewart William Cameron of Hickson's Lawyers on the one hand and Villacare Pty Limited and Allianz Australia Workers Compensation (NSW) Limited on the other 80% of the costs of counsel in considering, settling or otherwise dealing with the affidavit (in draft or final form) of Doyle Morgan John Myles of 24 May 2011; (ii) Order, pursuant to s 99(5) of that act that the said Stewart William Cameron pay to Villacare Pty Limited the sum of $1,003.20 on account of the costs of counsel in considering, settling or otherwise dealing with the affidavit (in draft or final form) of Doyle Morgan John Myles of 24 May 2011; (iii) Order, pursuant to s 99(2)(b)(ii) of the Civil Procedure Act 2005 that Doyle Morgan John Myles and Stewart William Cameron of Hickson's Lawyers pay to Villacare Pty Limited the sum of $1,964.16; (iv) Order that the said Stewart William Cameron provide to each of Villacare Pty Limited and Allianz Australia Workers Compensation (NSW) Limited a copy of these orders and reasons; (v) Grant liberty to apply by Notice of Motion returnable before me at 9.30 am on Thursday 17 May 2012, and served on Villacare Pty Limited and Allianz Australia Workers Compensation (NSW) Limited on or before Monday 14 May 2012, in respect of quantification the subject of Mr Bartos' report, and any consequent adjustment of the amounts referred to in orders (ii) and (iii) hereof. Catchwords: Legal practitioner - costs - incurred without reasonable cause - affidavit unduly long -practitioner ordered to pay Legislation Cited: Civil Procedure Act 2005 Motor Accidents Compensation Act 1999 Workers Compensation Act 1987 Workers Compensation Regulation 2010 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: DJZ Constructions Pty Ltd v Paul Pritchard [2010] NSWSC 1472 Lemoto v Able Technical Pty Ltd [2005] NSWCA 153; (2005) 63 NSWLR 300 Category: Costs Parties: RICHARD HARRIS v VILLACARE PTY LIMITED Representation: P: J de Greenlaw D: D J Price Hicksons Lawyers: R Burbidge QC/D J Price P: Gerard Malouf & Partners D: Hicksons Lawyers File Number(s): 2010/407668