Palese v Malouf (trading as Malouf Solicitors) [2014] NSWDC 65

District Court New South Wales

Medium Neutral Citation: Palese v Malouf (trading as Malouf Solicitors) [2014] NSWDC 65 Hearing dates: 14, 17 and 20 March 2014 Decision date: 21 March 2014 Before: Neilson DCJ Decision: Leave to appeal refused Catchwords: COSTS - Application for leave to appeal decision of costs review panel - solicitor/client costs COSTS - Inadequate costs disclosure - Reduction of costs allowed on assessment by amount considered proportionate to the seriousness of the failure to disclose - Requires determination of seriousness and then assessment of proportionality LEAVE TO APPEAL - must show practical injustice - Whether stereo-typification of litigant relevant PROCEDURAL FAIRNESS - Submissions of defendant before review panel contrary to s 375 (3)(a) Legal Profession Act 2004 - Levy v Bergseng distinguished - No evidence submissions considered Legislation Cited: Legal Profession Act 1987 Legal Profession Act 2004 Cases Cited: Altaranesi v Sydney Local Health District [2012] NSWDC 90 Attorney General of New South Wales v Kennedy Miller Television Pty Ltd (1998) 43 NSWLR 729 CSR Ltd v Eddy [2008] NSWCA 83 Kells v Mulligan [2002] NSWSC 769 Category: Principal judgment Parties: Liliana Eugenia Palese Anthony Mark Malouf (trading as Malouf Solicitors) Representation: In person (Plaintiff) Ms Castle (Defendant) In person (Plaintiff) Malouf Solicitors (Defendant) File Number(s): 2013/255387 Publication restriction: No