Berrigan Doube Lawyers Pty Ltd t/as Berrigan Doube Lawyers v Millar Eagger Pty Ltd t/as ME Engineering [2016] NSWSC 235

Supreme Court New South Wales

Medium Neutral Citation: Berrigan Doube Lawyers Pty Ltd t/as Berrigan Doube Lawyers v Millar Eagger Pty Ltd t/as ME Engineering [2016] NSWSC 235 Hearing dates: 4 March 2016 Date of orders: 04 March 2016 Decision date: 04 March 2016 Jurisdiction: Equity Before: Beech-Jones J Decision: (1) That the time for the filing of the summons be extended up to and including 20 October 2015.

(2) That leave to appeal to raise a mixed question of fact and law under s 40(1) of the Local Court Act 2007 (NSW) be refused.

(3) That the summons be dismissed.

(4) Order that the plaintiff pay the defendant's costs of the proceedings on an indemnity basis. Catchwords: APPEAL FROM LOCAL COURT – Presiding Magistrate's finding as to the reasonableness of the quantum of professional fees – weight to be placed on expert reports – admissions as to reasonableness of professional fees – alleged failure to provide adequate reasons. Legislation Cited: - Local Court Act 2007 – s 39(1), s 40(1) - Uniform Civil Procedure Rule 2005 (NSW) – 50.3(1)(c) Cases Cited: - Australian Broadcasting Tribunal v Bond [1990] HCA 33, 170 CLR 321 - Campbelltown City Council v Vegan [2006] NSWCA 284, 67 NSWLR 372 - Chaina v Presbyterian Church (NSW) Property Trust (No 24) [2013] NSWSC 167 - Chaina v Presbyterian Church (NSW) Property Trust (No 25) [2014] NSWSC 518 - Diamond v Simpson No 2 [2003] NSWCA 78 - Kostas v HIA Insurance Services Pty Limited [2010] HCA 32, 241 CLR 390 - Sayed v Deng [2012] NSWSC 851 - South Sydney Council v Walsh No 2 [2003] NSWCA 111 Category: Principal judgment Parties: Berrigan Doube Lawyers Pty Ltd – Plaintiff Millar Eagger Pty Ltd – Defendant Representation: Counsel: Ms . McGing (Sol) – Plaintiff K. Ginges – Defendant