McLennan v Antonios (No. 2) [2014] NSWDC 38

District Court New South Wales

Medium Neutral Citation: McLennan v Antonios (No. 2) [2014] NSWDC 38 Hearing dates: 10 April 2014 Decision date: 10 April 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Defendants pay plaintiff's costs. (2) Certification for the costs of Senior Counsel for the plaintiff. Catchwords: COSTS - personal injury proceedings - plaintiff suffers two motor vehicle accidents - settlement in one case but plaintiff awarded out of pocket expenses only in the second case - UCPR r 42.15 - whether proceedings should have been commenced in District or Local Court - whether plaintiff's Senior Counsel's fees should be included in costs order - complexity of proceedings warranted commencement in District Court and retainer of Senior Counsel Legislation Cited: District Court Act 1973 (NSW), ss 4, 44 and 48 Local Court Act 2007 (NSW), s 33 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.34(1)(a) and 42.35 Cases Cited: Charafeddine v Morgan [2014] NSWCA 74 Jones v Sutton (No 2) [2005] NSWCA 203 Shield Mercantile Pty Ltd v Citigroup Pty Ltd [2013] NSWSC 287 Texts Cited: - Category: Costs Parties: Plaintiff: Kirsty McLennan First Defendant: Tony Antonios Second Defendant: Nabil Antonios Representation: Plaintiff: Mr P N Khandhar Defendants: Mr W M Fitzsimmons Plaintiff: Brydens Law Office Defendants: Moray & Agnew File Number(s): 2012/108548 Publication restriction: None