Pentelow v Bell Lawyers Pty Ltd trading as Bell Lawyers (No 2) [2013] NSWSC 288

Supreme Court New South Wales

Medium Neutral Citation: Pentelow v Bell Lawyers Pty Ltd trading as Bell Lawyers (No 2) [2013] NSWSC 288 Hearing dates: On papers Decision date: 04 April 2013 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Appeal allowed. 2. Order that the judgment of the Local Court be varied by deleting the orders made by the learned Magistrate and substituting the following: (1) Judgment for the Plaintiff against the Defendant in the sum of $23,760 for claim and $4343.16 for interest to 22 February 2013, a total of $28,103.16, plus interest of $3.28 per day from 22 February 2013 to the date of judgment. (2) Order that the Defendant pay the Plaintiff's costs. 3. Order the Defendant to pay the Plaintiff's costs of and incidental to the appeal. 4. The Defendant to have a certificate under the Suitor's Fund Act 1951 in relation to the said costs of appeal if otherwise qualified. Catchwords: APPEAL - judgment and orders - orders sought made

COSTS - Suitors' Fund Act 1951 - certificate granted Legislation Cited: Civil Procedure Act 2005 Legal Profession Act 2004 Local Court Act 2007 Suitors Fund Act 1951 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Owners Strata Plan 4003 v Mustafa [2012] NSWSC 780 Pacific Asia Express Pty Ltd v Renegade Gas Pty Ltd [2010] NSWSC 1188 Pentelow v Bell Lawyers Pty Ltd trading as Bell Lawyers [2013] NSWSC 111 Pool Data Systems Pty Ltd v Bayliss [2011] NSWSC 224 Robinson v Zhang [2005] NSWCA 439 (2005) 158 A Crim R 575 Thaina Town (On Goulburn) Pty Ltd v City of Sydney Council [2007] NSWCA 300; (2007) 71 NSWLR 230 Category: Costs Parties: Janet Pentelow (Plaintiff) Bell Lawyers Pty Ltd (Defendant) Representation: Counsel: Mr M L Brabazon SC (Plaintiff) Ms M Castle (Defendant) Solicitors: Auslegal Solicitors (Plaintiff) Bell Lawyers (Defendant) File Number(s): 2012/174095 Publication restriction: None