Attard and ors v James Legal Pty Limited and anor [2013] NSWSC 1767

Supreme Court New South Wales

Medium Neutral Citation: Attard and ors v James Legal Pty Limited and anor [2013] NSWSC 1767 Hearing dates: 21 November 2013 Decision date: 05 December 2013 Before: Bellew J Decision: (1)Pursuant to r. 20.24 of the Uniform Civil Procedure Rules the report of Ms Alyson Ashe, Referee, dated 16 August 2013 is adopted. (2)The defendants' notice of motion is stood over until Monday 16 December 2013 at 9.15 am before me, at which time the parties are to bring in short minutes reflecting the order in (1), together with my conclusions expressed in this judgment as to the payment of interest and the payment of the costs of the reference. (3)Each party is to provide to my Associate, by 4.00 pm on Friday 13 December 2013, written submissions, not exceeding one page in length, regarding the question of the costs of the notice of motion. Catchwords: PRACTICE AND PROCEDURE - application for adoption of report by referee in respect of costs claimed by a solicitor - where part of the costs claimed were incurred by the solicitor in circumstances where he had been found to be negligent - where referee allowed such costs - whether referee erred in doing so - whether report should be adopted

COSTS - where costs incurred in proceedings where solicitor found to have been negligent - whether such costs recoverable Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 Cases Cited: Alfred Attard and Ors. v James Legal Pty Limited and Peter James t/as James Solicitors [2004] NSWSC 478 Attard v James Legal Pty Limited [2009] NSWSC 811 Attard v James Legal Pty Limited [No 2] [2009] NSWSC 901 Attard v James Legal Pty Limited [2010] NSWCA 311 Attard v James Legal Pty Limited [No 2] [2010] NSWCA 363 D'Orta-Ekenaike v Victorian Legal Aid [2005] HCA 12; (2005) 223 CLR 1 Giannarelli v Wraith [1988] HCA 52; (1988) 165 CLR 543 Homebush Abattoir Corporation v Bermria Pty Limited (1991) 22 NSWLR 605 Lahoud v Lahoud [2011] NSWSC 994 Pitcher Walton and Co. v Efato Pty Limited [2008] NSWCA 86 Port of Melbourne Authority v Anshun Pty Limited (1981) 147 CLR 589 Sinkovich v Attorney General of NSW [2013] NSWCA 383 Super Pty Limited (formerly known as Leda Constructions Pty Limited) v SJP Formwork (Aust) Pty Limited (1992) 29 NSWLR 549 Category: Principal judgment Parties: Alfred Attard and ors. - Plaintiff James Legal Pty Limited and anor. - Defendant Representation: Counsel: S A Wells - Plaintiffs M Southwick - Defendants Solicitors: Lazarus Legal Group Pty Limited - Plaintiffs James Legal Pty Limited - Defendants File Number(s): 2004/177117 Publication restriction: Nil