Ferguson v Singler (No 2) [2015] NSWSC 891

Supreme Court New South Wales

Medium Neutral Citation: Ferguson v Singler (No 2) [2015] NSWSC 891 Hearing dates: 20 November 2014 Decision date: 07 July 2015 Jurisdiction: Common Law Before: Button J Decision: (1) The certificate of the costs review panel of 12 June 2013 in costs review 2012/148107 is set aside. (2) The matter is remitted to a costs review panel to be determined in accordance with law. (3) Costs are reserved. (4) The parties have liberty to approach my Associate within two weeks of today to set a mutually convenient hearing date for a short costs hearing before me. (5) The parties are to provide written submissions of no more than three pages in length about the question of costs by 5 PM two days before that hearing date. Catchwords: JUDICIAL REVIEW – costs assessment – procedural fairness – documents before costs review panel without knowledge of plaintiff – adequacy of reasons of costs review panel when the two panellists disagree Legislation Cited: Supreme Court Act 1970 (NSW), s 69 Legal Profession Act 2004 (NSW), ss 324(1), 327(4), 353(1), 357, 358, 359, 364, 365, 367A, 370, 372, 373, 374, 375, 376, 378, 380, 383, 384 Legal Profession Act 1987 (NSW) Legal Profession Regulation 2005 (NSW), cll 126, 126, 128, 132, 134 Cases Cited: Bobb v Wombat Securities Pty Ltd & Ors [2013] NSWSC 757 Bobb v Wombat Securities Pty Ltd (No 2) [2014] NSWCA 261 Ferguson v Singler (Supreme Court (NSW), 20 November 2014, unrep) Frost v Karouche [2014] NSWCA 39 Levy v Bergseng [2008] NSWSC 294 Re Minister for Immigration; ex parte Lam [2003] HCA 6; 214 CLR 1 Singler v Ferguson [2010] NSWCA 325 Stead v State Government Insurance [1986] HCA 54, (1986) 161 CLR 141 Category: Principal judgment Parties: Jeffrey Ferguson (Plaintiff) Tony Singler (First Defendant) John Eric McIntyre (Second Defendant) Mark Campbell (Third Defendant) Representation: Counsel: M Castle (Plaintiff) E G Romaniuk SC (First Defendant) M B Eirth (First Defendant)