Perla v Cavassa [2015] NSWSC 1889

Supreme Court New South Wales

Medium Neutral Citation: Perla v Cavassa [2015] NSWSC 1889 Hearing dates: 2, 8 December 2015 Decision date: 11 December 2015 Jurisdiction: Common Law Before: Adamson J Decision: (1) Summons dismissed.

(2) Make no order as to costs.

(3) Decline the plaintiff's application for a certificate under s 6 of the Suitors' Fund Act 1951 (NSW). Catchwords: COSTS – application for judicial review based on failure of Civil and Administrative Tribunal to provide reasons promptly – whether Tribunal should pay plaintiff's costs of judicial review proceedings – reasons were provided in response to email from party – no reason to commence proceedings – no basis to order Tribunal to pay costs.

COSTS – Suitors' Fund – not appropriate to grant certificate in circumstances where plaintiff incurred costs as a consequence of conduct of her legal representative – no error of law of Tribunal to warrant grant of certificate Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 5, 61, 62, Sch 6, cl 11 Suitors' Fund Act 1951 (NSW), s 6 Cases Cited: Mir Bros Developments Pty Ltd v Atlantic Constructions Pty Ltd (1985) 1 NSWLR 491 Category: Costs Parties: Elena Perla (Plaintiff) Flora Cavassa (First Defendant) (Submitting Appearance) Civil and Administrative Tribunal of NSW (Second Defendant) NSW Trustee and Guardian (Third Defendant) (Submitting Appearance) Representation: Counsel: P Glissan (Plaintiff) D Galbraith (Solicitor) (Second Defendant)