Brezniak v Habib [2014] NSWSC 1730

Supreme Court New South Wales

Medium Neutral Citation: Brezniak v Habib [2014] NSWSC 1730 Hearing dates: 5 November 2014 Decision date: 05 December 2014 Jurisdiction: Common Law Before: Schmidt J Decision: The parties should have an opportunity to consider the form of orders which should be made to reflect these conclusions and to consider the appropriate costs order. They are directed to confer and to file proposed orders, hopefully in agreed terms, within 14 days. The matter is listed for mention at 9:30am on 19 December 2014. Catchwords: PROCEDURE - costs - notice of motion - orders seeking judgments to be set aside - whether judgments entered irregularly - costs assessor certificate - review panel certificate - whether court had jurisdiction to enter judgment in favour of plaintiff - whether costs assessor had power to consider and resolve the question of whether the disputed memoranda had been paid - defendant bound by certificates - certificates have not been suspended and may be enforced - Court has jurisdiction to enter judgment in favour of plaintiff - filing of costs assessor's certificate may not be aside under Rule 36.15

PROCEDURE - notice to produce - notice to produce set aside Legislation Cited: Legal Profession Act 2004 (NSW) Legal Profession Regulation 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: SAS Trustee Corporation v Woollard [2014] NSWCA 75 Weber v Aquaqueen International Pty Ltd; Aquaqueen International Pty Ltd v Weber [2013] NSWSC 1181 Category: Procedural and other rulings Parties: Daniel Brezniak (Plaintiff) Mamdouh Habib (Defendant) Representation: Counsel: Mr R K Newton (Plaintiff) Solicitors: Zali Burrows Lawyers (Plaintiff) Ms D Searle Searle & Associates Lawyers (Defendant) File Number(s): 2013/314464 2014/316920 Publication restriction: No