Nunzio Berardi v Salvatore Russo t/as Russo & Partners [2015] NSWSC 1520

Supreme Court New South Wales

Medium Neutral Citation: Nunzio Berardi v Salvatore Russo t/as Russo & Partners [2015] NSWSC 1520 Hearing dates: 1 April 2015 Date of orders: 16 October 2015 Decision date: 16 October 2015 Jurisdiction: Common Law Before: Rothman J Decision: 1) Summons dismissed; 2) The plaintiff shall pay the costs of and incidental to the proceedings; 3) The parties are at liberty to apply for any special order as to costs. Such application may be made by a submission of no more than 3 pages and is to be filed within 14 days of the date of this judgment. Any other party affected by any application for a different or special order for costs may respond to such submission within a further 7 days. The issue will be dealt with on the basis of the submissions filed. Catchwords: APPEAL – local court judgment granting law practice relief from client for unpaid legal fees – whether pleadings insufficient – whether compliance with costs disclosure requirements in s 309 the Legal Profession Act 2004 – consequences of failure to comply with disclosure requirements results in s 317 of the Legal Profession Act 2004 Legislation Cited: Legal Profession Act 2004 Local Court Act 2007 Cases Cited: Australian Gaslight Co v Valuer-General (1940) 40 SR (NSW) Bruce v Odhams Press Ltd [1936] 1 KB 697 Collector of Customs v Agfa-Gevaert Ltd [1996] HCA 36; (1996) 186 CLR 389 Collector of Customs v Pressure Tankers Pty Ltd and Pozzolanic Enterprises Pty Ltd [1993] FCA 322; (1993) 43 FCR 280 Gnych v Polish Club Limited [2015] HCA 23; (2015) 89 ALJR 658 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Sullivan v Department of Transport (1978) 20 ALR 323 Category: Principal judgment Parties: Nunzio Beradi (Plaintiff) Salvatore Russo t/as Russo & Partners (Defendant) Representation: Counsel: M. Sahade (Plaintiff) D. Eardley (Defendant)