Angelo Ferella v Key Nominees Pty Limited [2016] NSWDC 44

District Court New South Wales

Medium Neutral Citation: Angelo Ferella v Key Nominees Pty Limited [2016] NSWDC 44 Hearing dates: 23 March 2016 Decision date: 08 April 2016 Jurisdiction: Civil Before: Mahony SC DCJ Decision: Summons dismissed with costs Catchwords: Appeal from costs Review Panel Legislation Cited: Civil Procedure Act 2005 Legal Profession Act 2004 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Croker v Commissioner of Taxation [2001] NSWSC 188 elnduct Systems Pty Ltd v 3D Safety Services Pty Ltd [2015] NSWCA 284 Frumar v Owners of Strata Plan 36957 (2006) 67 NSWLR 321 Randall Pty Limited v Willoughby City Council [2009] NSWDC 118 Riva NSW Pty Ltd v Key Nominees Pty Ltd [2014] NSWCA 381 Wende & Ors v Horvath (NSW) Pty Ltd (2014) 86 NSWLR 674 Category: Procedural and other rulings Parties: Angelo Ferella (Applicant) Key Nominees Pty Limited (Respondent) Representation: Counsel: R Newton (Applicant) R Parsons (Respondent)

Solicitors: Zali Burrows Lawyers Bray Jackson & Co File Number(s): 15/291321 Publication restriction: Nil

Judgment ON SUMMONS 1. By Summons filed on 6 October 2015, the plaintiff appealed a decision of the costs Review Panel issued on 7 August 2015 in respect of an earlier Certificate of Determination by Costs Assessor Young, issued on 28 April 2015. 2. The appeal is brought pursuant to Pt 50 of the Uniform Civil Procedure Rules ("UCPR"). To be successful, the plaintiff must demonstrate error of law on the part of the Review Panel. The grounds of appeal relied on by the appellant at the hearing are as follows: "(2) The Review Panel erred in law in failing to; (a) give adequate reasons for its decision, or alternatively, reasons in accordance with its obligations under the Act; (b) afford procedural fairness to the plaintiff; (c) give any or any adequate consideration to the plaintiff's grounds of objection, or alternatively to consider and deal with such objections on their merits." 1. At the hearing, the plaintiff sought an order pursuant to s 384(2) (b) of the Legal Profession Act 2004 (NSW) ("LPA"), that this court remit the matter to the Review Panel and order it to re-determine the plaintiff's application for review. 2. The plaintiff relied on an affidavit of Angelo Ferella sworn on 9 March 2016 which annexed the relevant documentation. 3. The defendant relied on an affidavit of Stuart Graham McDougall sworn on 17 February 2016 which exhibited certain documents. Neither deponent was required for cross-examination.