Stankovic v Magee trading as Armstrong Legal [2016] NSWCA 125

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Stankovic v Magee trading as Armstrong Legal [2016] NSWCA 125 Hearing dates: 17 May 2016 Decision date: 17 May 2016 Before: Basten JA at [14], [22]; Leeming JA at [21]; Simpson JA at [1] Decision: (1) To the extent necessary, the time in which to appeal be extended to 6 April 2016;

(2) Appeal dismissed;

(3) The appellant to pay the respondent's costs of the appeal. Catchwords: APPEAL – debt recovery proceedings in District Court – debt involved costs payable to solicitors acting in Family Court proceedings – defence and cross-claim alleging failure to carry out instructions – payment said to be contingent on events which did not occur – construction of costs agreement – challenge to findings of fact – no issue of principle Legislation Cited: District Court Act 1973 (NSW), s 127 Supreme Court Act 1970 (NSW), s 101 Cases Cited: Stankovic v Peter Michael Magee t/as Armstrong Legal [2014] NSWSC 873 Stankovic v The Hills Shire Council [2015] NSWCA 279 Category: Principal judgment Parties: Milovan Stankovic (Appellant) Peter Michael Magee trading as Armstrong Legal (Respondent) Representation: Counsel: In person (Appellant) S Clemmett (Respondent)

Solicitors: Not applicable (Appellant) Armstrong Legal (Respondent) File Number(s): 2015/380972 Decision under appeal Court or tribunal: District Court Date of Decision: 10 December 2015 Before: Kearns DCJ File Number(s): 2013/134399