Calandra v Murden [2015] NSWCA 231

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Calandra v Murden [2015] NSWCA 231 Hearing dates: 28 July 2015 Decision date: 12 August 2015 Before: Beazley P; Meagher JA; Leeming JA Decision: 1. Grant leave to appeal. 2. Appeal allowed with costs. 3. Set aside the orders made in the Common Law Division on 17 April 2015, and in lieu thereof, dismiss the appeal with costs. Catchwords: ADMINISTRATIVE LAW – Legal Profession Act 2004 (NSW), s 368(5) – where costs assessor certified assessment of party/party costs – where liability for costs order released by agreement – where costs assessor's certificates filed in Local Court – where no amount of unpaid party/party costs at time of filing – whether Local Court had power to set aside judgment entered on filing of certificate, including under Uniform Civil Procedure Rules, r 36.15 or in exercise of implied power Legislation Cited: Civil Procedure Act 2005 (NSW), ss 17, 133 Legal Profession Act 2004 (NSW) Local Court Act 2007 (NSW), ss 39, 40 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Carr and Purves v Thomas [2009] NSWCA 208 Doyle v Hall Chadwick [2007] NSWCA 159 Frumar v The Owners of Strata Plan 36957 [2010] NSWCA 172 Grassby v The Queen [1989] HCA 45; 168 CLR 1 Hughes v Justin [1894] 1 QB 667 Category: Principal judgment Parties: Emilio Calandra (First Applicant) Jeanelle Calandra (Second Applicant) John Murden (Respondent) Representation: Counsel: PCB Semmler QC, S Tzouganatos (First and Second Applicants) B Toomey QC, P R Glissan (Respondent)