Aquaqueen International Pty Ltd v Gilles [2014] NSWSC 804

Supreme Court New South Wales

Medium Neutral Citation: Aquaqueen International Pty Ltd v Gilles [2014] NSWSC 804 Hearing dates: 13 June 2014 Decision date: 13 June 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: The Court orders that: 1. The costs determination and certificates of the Review Panel dated 24 March 2013 be set aside. 2. The Plaintiffs' Amended Summons be otherwise dismissed. 3. The First and Second Defendants pay half of the Plaintiffs' costs of the proceedings. Catchwords: COSTS ASSESSMENT - Review Panel - error conceded - declaratory relief - judgment based on certificate - whether judgment unenforceable if assessment giving rise to certificate suspended. Legislation Cited: - Legal Profession Act 2004 (NSW), Pt 3.2, Div 11 Subdiv 6, s 367, s 368, s 375, s 378 Cases Cited: - Bobb v Wombat Securities Pty Ltd (No 2) [2013] NSWSC 757 - Doyle v Chadwick [2011] NSWSC 895 - Doyle v Hall Chadwick [2012] NSWCA 175 - Frumar v Owners of Strata Plan 36957 [2010] NSWCA 172 - Griffith v Australian Broadcasting Corporation [2013] NSWSC 750 Category: Principal judgment Parties: Aquaqueen International Pty Ltd (First Plaintiff) Shirley Penson (Second Plaintiff) Joseph John Gilles (First Defendant) Gregory George Eliades (Second Defendant) Francis A. Hutley (Third Defendant) John McIntyre (Fourth Defendant) Representation: Counsel: M. Castle (Plaintiffs) E.N. Gramelis (1st and 2nd Defendants) Submitting appearances (3rd and 4th Defendants) Solicitors: Plaintiffs (self represented) Giles Payne & Co (1st and 2nd Defendants) I.V. Knight, Crown Solicitor (3rd and 4th Defendants - submitting appearances filed 27 June 2013) File Number(s): 2013/110893