Russo v Desiatnik (No 2) [2015] NSWSC 256

Supreme Court New South Wales

Medium Neutral Citation: Russo v Desiatnik (No 2) [2015] NSWSC 256 Hearing dates: 7-8 October 2014 Decision date: 19 March 2015 Jurisdiction: Common Law Before: Button J Decision: (1) The appeal of the plaintiff is dismissed. (2) The cross-appeal of the defendant is allowed. (3) Costs are reserved. (4) The parties have liberty to approach my Associate within two (2) weeks from today to set a date for hearing to determine precise orders to give effect to orders 1 and 2, and to determine the question of costs. Catchwords: APPEAL FROM LOCAL COURT – dispute regarding payment of legal fees – costs agreement between solicitor and barrister – bills of costs – whether Magistrate made an error of law by misinterpreting the requirements of Pt 11 of the Legal Profession Act 1987 (NSW) – cross-appeal – whether Magistrate made an error of law in refusing to order interest up to commencement of proceedings in favour of the barrister Legislation Cited: Local Court Act 2007 (NSW), s 39(1) Legal Profession Act 1987, ss 175, 176, 184(1), 184(2), 189, 190(1), 190(2), 190(3) Legal Profession Regulation 2002, regs 45(1)(d)(i), 45(1)(d)(ii), 45(1)(g), 45(2)(b) Limitation Act 1969 (NSW), s 14(1) Cases Cited: Conder v Silkbard [1999] NSWCA 459 Dennis v Cameron [2007] NSWCA 228 Kulevska v Coshott [2006] NSWSC 963 Maloney v Collins [2011] NSWSC 628 The Commonwealth v Verwayen [1990] HCA 39; 170 CLR 394 Zizza v Seymour [1976] 2 NSWLR 135 Category: Principal judgment Parties: Salvatore Russo (Plaintiff) Ronald J Desiatnik (Defendant) Representation: Counsel: V Culkoff (Plaintiff) E Peden (Defendant) H Mann (Defendant)