Paramount Lawyers Pty Limited v Maneschi [2012] NSWSC 877

Supreme Court New South Wales

Medium Neutral Citation: Paramount Lawyers Pty Limited v Maneschi [2012] NSWSC 877 Hearing dates: 30 November 2011 Decision date: 03 August 2012 Before: Rothman J Decision: (1) To the extent necessary, leave to appeal granted. (2) Appeal allowed in part. (3) The judgment of the Local Court issued on 8 June 2011 between the parties in these proceedings be set aside and in lieu thereof the following orders issue: (a) Judgment for the defendant herein, Mr Maneschi, in the sum of $22,000; (b) The plaintiff herein, Paramount Lawyers Pty Ltd, pay interest on the aforesaid judgment from 21 September 2010 until today in accordance with s 100 of the Civil Procedure Act 2005 at the Reserve Bank of Australia cash rate operating for the relevant period; (c) The plaintiff pay interest pursuant to s 101 of the Civil Procedure Act 2005 from the date of judgment until payment in accordance with the prescribed rate. (4) The defendant herein, Mr Maneschi, file and serve a written submission on costs by 5pm 14 days from the date of this judgment and the plaintiff herein file and serve any reply thereto by 5pm 7 days from the receipt by it of the defendant's written submission on costs. Costs will be dealt with on the basis of the written submissions. (5) Leave reserved to address the terms of the order, any other order necessary to reflect the reasons and any special or other order for costs and interest. Catchwords: APPEAL - assignment of debt arising under contract - counsel's fees - precise identification of debt - misleading or deceptive conduct - estoppel