Saunders v Legal Profession Admission Board (No 2) [2016] NSWSC 27

Supreme Court New South Wales

Medium Neutral Citation: Saunders v Legal Profession Admission Board (No 2) [2016] NSWSC 27 Hearing dates: On papers Date of orders: 04 February 2016 Decision date: 04 February 2016 Jurisdiction: Common Law Before: Schmidt J Decision: The Law Society of New South Wales is to bear 30% of the costs which Mr Saunders incurred, after it commenced to act as amicus curiae, as agreed or assessed. Catchwords: PRODEDURE – costs – Court's power to award costs – Law Society's role as amicus – whether discretion to award costs should be exercised – orders made Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Judiciary Act 1903 (Cth) Legal Profession Act 2004 (NSW) (repealed) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW) Legal Profession Uniform Law (NSW) Legal Profession Uniform Rules 2015 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cumerlong Holdings Pty Limited v Dalcross Properties Pty Limited & Dalcross Holdings Pty Limited (No 2) [2009] NSWSC 1157 Jackson (previously known as Subramaniam) v Legal Practitioners Admission Board (No. 2) [2006] NSWSC 1403 In the matter of an application by Thomas John Saunders [2011] NTSC 63 Levy v State of Victoria [1997] HCA 31; (1997) 189 CLR 579 Markisic v Heilpern [2011] NSWSC 410 Metlife Insurance Ltd v Visy Board Pty Ltd & 25 ors (Costs) [2008] NSWSC 111 Oshlack v Richmond River Council [1998] HCA 11; (1998)193 CLR 72 O'Toole v Charles David Pty Ltd (No 2) (1991) 171 CLR 282 Saunders v Legal Profession Admission Board [2015] NSWSC 1839 Wentworth v NSW Bar Association (Supreme Court (NSW), Campbell J, 29 June 1993, unrep) Category: Costs Parties: Thomas John Saunders (Plaintiff) Legal Profession Admission Board (Defendant) Representation: Counsel: Mr T Lynch SC with Ms M Dewan (Plaintiff) Ms T M Power (Amicus Curiae)