Cavar v Gombovic & Anor [2013] NSWDC 218

District Court New South Wales

Medium Neutral Citation: Cavar v Gombovic & Anor [2013] NSWDC 218 Hearing dates: 14/11/2013 Decision date: 15 November 2013 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.The summons filed by the plaintiff applicant on 7 August 2013 is dismissed; 2.The plaintiff applicant is ordered to pay the costs of the respondent defendants on the ordinary basis unless otherwise ordered; 3.The exhibits may be returned provided a copy of the exhibits is left on the court's file; 4.Liberty to apply on 7 days notice if further orders are required. [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: ADMINISTRATIVE LAW - costs appeal - dismissal of appeal from decision of costs assessor on claimed matter of law pursuant to s 384(1) of the Legal Profession Act 2004 - dismissal of application for leave from decision of costs assessor pursuant to s 385(1) of that Act. Legislation Cited: Legal Profession Act 2004 s 384(1), s 385(1) Cases Cited: McCausland v Surfing Hardware International Holdings Pty Limited [2010] NSWDC 222 Randall Pty Limited v Willoughby City Council 2009 NSWDC 118 Category: Principal judgment Parties: Celia Cavar (Plaintiff/applicant) Manda Gombovic (First defendant/respondent) Matija Pedisich (Second defendant/respondent) Representation: Plaintiff applicant in person Mr W Ward (Defendants/respondents) Plaintiff applicant in person Philip J King (Defendants/respondents) File Number(s): 2013/239701 Publication restriction: None