Reznitsky v State of New South Wales [2014] NSWDC 143

District Court New South Wales

Medium Neutral Citation: Reznitsky v State of New South Wales [2014] NSWDC 143 Hearing dates: 1 August 2014 Decision date: 29 August 2014 Before: Gibson DCJ Decision: (1) Judgment for the defendant. (2) Plaintiff to pay the defendant's costs. (3) Exhibits retained for 28 days. Catchwords: COSTS - costs appeal under s 384 Legal Profession Act 2004 (NSW) - plaintiff appeals from party/party costs assessment - whether costs assessor denied the plaintiff procedural fairness by handing down a determination after the plaintiff failed to comply with a timetable for submissions - previous history of failure by plaintiff to comply with timetables for submissions - no issue of principle Legislation Cited: Legal Profession Act 2004 (NSW), ss 359, 384 and 385 Cases Cited: Arnott v Glissan [2013] NSWCA 316 B & L Linings Pty Ltd v Chief Commissioner of State Revenue (2008) 74 NSWLR 481 Bellevarde Constructions Pty Ltd v CPC Energy Pty Ltd (2011) 12 DCLR (NSW) 304 Gorczynski v AWM Dickinson & Son [2005] NSWSC 277 Lang v Back & Schwartz [2009] NSWDC 180 Lang v Kirkness (New South Wales Supreme Court, Harrison M, 22 October 1997) Texts Cited: Legal Profession Reform Bill, 1993 Second Reading Speech (Hansard, 16 September 1993, p. 3227) Category: Principal judgment Parties: Plaintiff: Boris Reznitsky Defendant: State of New South Wales Representation: Plaintiff: In person Defendant: Mr G Bateman Plaintiff: In person Defendant: Crown Solicitor's Office (NSW) File Number(s): 2013/367957