Oliveri v P M Sulcs & Associates Pty Ltd (in liq) [2013] NSWCA 84

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Oliveri v P M Sulcs & Associates Pty Ltd (in liq) [2013] NSWCA 84 Hearing dates: 27 March 2013 Decision date: 18 April 2013 Before: Macfarlan JA at [1] Barrett JA at [25] Ward JA at [28] Decision: (1) The applicant is granted leave under s 471B of the Corporations Act 2001 (Cth) to proceed against the respondent. (2) The application for leave to appeal is dismissed with costs. (3) The applicant is to pay the respondent's costs of these applications. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROFESSIONS - lawyers - remuneration - s 190(2) Legal Profession Act 1987 precluded charging of interest unless claim for it made in bill of costs - no interest claimed in document entitled "bill of costs" - whether form of costs agreement sent with bill formed part of bill and constituted claim for interest - reg 45(3) Legal Profession Regulation 2002 Legislation Cited: Corporations Act 2001 (Cth) Legal Profession Act 1987 Legal Profession Regulation 2002 Cases Cited: Moloney v Collins [2011] NSWSC 628 Category: Principal judgment Parties: Dominic Oliveri (Appellant) P M Sulcs & Associates Pty Ltd (in liq) (Respondent) Representation: Counsel: M K Rollinson (Appellant) No Appearance (Respondent) C Bolger - Amicus Curiae Solicitors: Purcell Lawyers (Appellant) Johnson Winter & Slattery (Respondent) File Number(s): 2012/332910 Decision under appeal Jurisdiction: 9111 Citation: Oliveri v P M Sulcs & Associates Pty Ltd [2012] NSWSC 1198 Date of Decision: 2012-09-28 00:00:00 Before: Gzell J File Number(s): 2011/66565