Pincevic v Nicholas Panos t/as N Panos & Associates [2013] NSWDC 188

District Court New South Wales

Medium Neutral Citation: Pincevic v Nicholas Panos t/as N Panos & Associates [2013] NSWDC 188 Hearing dates: 19, 20, 26 and 29 August 2013 Decision date: 29 August 2013 Before: Gibson DCJ Decision: (1) Summons dismissed. (2) Plaintiff pay defendant's costs, including the costs of the defendant's notice of motion, on an indemnity basis. (3) Defendant's notice of motion dismissed. Catchwords: COSTS ASSESSMENT - appeal from Costs Assessor's determination regarding payment of a barrister briefed by the plaintiff's solicitors for conduct of proceedings concerning land tax objections - counsel's fee agreement contained an estimate for one set of proceedings - plaintiff commences further proceedings and receives oral advice about continuing legal costs - whether costs assessor erred in his determination that there had been adequate compliance with the provisions requiring estimates for future costs - plaintiff now a litigant in person - application for plaintiff's business partner to be appointed as a "McKenzie friend" (McKenzie v McKenzie [1971] P 33; [1970] 3 All ER 1034; [1970] 3 WLR 472) - identification of grounds of appeal from poorly drafted summons - whether grounds of appeal were brought pursuant to s 384 or s 385 - application for leave to adduce fresh evidence - applications for adjournments - summons dismissed - application for indemnity costs - whether appropriate where the party against whom the order is sought is not legally represented - indemnity costs ordered Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 and 60 Legal Profession Act 2004 (NSW), ss 308, 316, 384 and 385 Cases Cited: Bellevarde Constructions Pty Ltd v CPC Energy Pty Ltd (2011) 12 DCLR (NSW) 304; [2011] NSWDC 55 D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1 Damjanovic v Maley (2002) 55 NSWLR 149 Dubow v Fitness First Australia Pty Ltd [2011] NSWCA 401 Gorczynski v AWM Dickinson & Son [2005] NSWSC 277 JP Morgan Trust Australia Ltd v Hammond [2012] NSWSC 213 Macedon Shire Ranges Council v Thompson [2009] VSCA 209 McKenzie v McKenzie [1971] P 33; [1970] 3 All ER 1034; [1970] 3 WLR 472 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Anton Pincevic Defendant: Nicholas Panos t/as N Panos & Associates Representation: Plaintiff: Mr T Brikich (as McKenzie friend) Defendant: Mr J Cesta-Incani Plaintiff: In person Defendant: Bahlmann Burke Lawyers File Number(s): 2013/42052 Publication restriction: None