Nikolaidis v Chippindall (No 3) [2012] NSWDC 173

District Court New South Wales

Medium Neutral Citation: Nikolaidis v Chippindall (No 3) [2012] NSWDC 173 Hearing dates: 15 June 2012 Decision date: 03 August 2012 Before: Neilson DCJ Decision: (1) Pursuant to UCPR 36.16, I set aside the orders made on 30 May 2012. (2) I grant leave to the plaintiff to file in Court on 30 May 2012 an amended summons. (3) I grant leave to the plaintiff to appeal the decision of Costs Assessor Fox of 6 December 2010 in the matter of Liberty Holdings Pty Ltd at Goodacre Developments Pty Ltd. (4) I allow the appeals from the determinations of the Review Panel of 30 November 2011 in each of: (a) Nikolaidis ats Preston, (b) Nikolaidis ats Legal Services Commissioner, (c) Mazri and ors v Perpetual Nominees, (d) Nikolaidis v Legal Services Commissioner. (5) I allow the appeals from the determinations of the Cost Assessor Fox of 6 December 2010 in the matter of Liberty Holdings Pty Ltd ats Goodacre Developments Pty Ltd. (6) I direct that the issue as to the terms of the retainer of the defendant by the plaintiff in respect of each of the five matters that are the subject of the costs assessments that are the subject of these appeals be determined by another Judge of this Court. (7) I reserve to that Judge the final orders to be made by this Court. (8) I direct the defendant to serve any evidence to be relied upon by him by 5pm on 17 August 2012. (9) I direct the plaintiff to serve any evidence in reply by 5pm on 31 August 2012. (10) I direct the matter be listed before the List Judge on 10 August 2012 at 9.30am to fix a hearing date for one day, after 31 August 2010. (11) I reserve to the trial judge the question of the costs of the appeal up to and including 30 May 2012. (13) I order the plaintiff to pay the defendants costs of the motion, notice of which was filed on 8 June 2012. Catchwords: COSTS ASSESSMENT APPEAL - Defendant seeking to have orders made on 30 May 2012 set aside and orders made in lieu - Issue of whether Court is able to set aside the determination of costs assessors when "question the subject of appeal" has not yet been determined Legislation Cited: Legal Profession Act 1987 ss 208 Legal Profession Act 2004 ss 384, 385 Uniform Civil Procedure Rules 2005 rule 36 Cases Cited: Currabubula & Anor v State Bank of NSW [2000] NSWSC 232 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 Wentworth v Rogers [2000] NSWCA 145 Category: Procedural and other rulings Parties: Leon Nikolaidis (Plaintiff) John Chippindall (Defendant) Representation: Mr J Svehla (Plaintiff) Mr M Ashhurst SC (Defendant) File Number(s): 2012/13608