Helby v Council for the Law Society of New South Wales and anor (No. 2) [2014] NSWSC 92

Supreme Court New South Wales

Medium Neutral Citation: Helby v Council for the Law Society of New South Wales and anor (No. 2) [2014] NSWSC 92 Hearing dates: Written submissions Decision date: 18 February 2014 Before: Bellew J Decision: 1.The first defendant is to pay the plaintiff's costs of the proceedings on the usual basis, as agreed or assessed. Catchwords: COSTS - whether costs should follow the event - whether conduct of the first defendant justified an award of indemnity costs Legislation Cited: Civil Procedure Act 2005 Legal Profession Act 2004 Uniform Civil Procedure Rules 2005 Cases Cited: Atlas Corp Pty Limited v Kalyk [2001] NSWCA 10 Council of the Law Society of New South Wales v McGuire (No 3) [2012] NSWADT 118 Helby v Council for the Law Society of New South Wales and anor. [2013] NSWSC 1938 Milne v Attorney-General (Tas) (1956) 95 CLR 460 Oshlack v Richmond River Council [1988] HCA 11; (1998) 193 CLR 72 Category: Costs Parties: Christopher Vincent Helby - Plaintiff Representation: Counsel: Mr E W Young - Plaintiff Mr P Jammy - First Defendant Solicitors: Austin and Giugni Solicitors - Plaintiff Anne-Marie Foord - First Defendant File Number(s): 2013 / 357249 Publication restriction: Nil

Judgment

INTRODUCTION 1In this matter the plaintiff brought proceedings against the Council for the Law Society of New South Wales ("the first defendant") seeking to set aside decisions that his practicing certificate be suspended and that a manager be appointed to his practice. In a judgment delivered on 20 December 2013, I concluded that both of those decisions made by the first defendant should be set aside (see Helby v Council for the Law Society of New South Wales and anor. [2013] NSWSC 1938). At that time, I gave the parties an opportunity to provide further submissions in relation to the question of costs 2I have now had the benefit of written submissions from each party in relation to that question.