Khorramdel v RG Macaulay and A Saivanidis trading as Pryor Tzannes & Wallis Solicitors [2016] NSWDC 293

District Court New South Wales

Medium Neutral Citation: Khorramdel v RG Macaulay and A Saivanidis trading as Pryor Tzannes & Wallis Solicitors [2016] NSWDC 293 Hearing dates: 4 November 2016 Date of orders: 08 November 2016 Decision date: 08 November 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Summons dismissed. (2) Plaintiff pay defendant's costs. (3) Liberty to restore in relation to costs, such liberty to be exercised by Friday 2 December 2016. (4) Exhibits retained for 28 days. Catchwords: COSTS – costs appeal under s 384 Legal Profession Act 2004 (NSW) – plaintiff appeals Review Panel determination dismissing all but one of his claims – whether Review Panel erred in determining that the costs assessor had not denied the plaintiff procedural fairness – whether Review Panel erred in determination of costs of the costs assessor and the Panel – no issue of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Legal Profession Act 2004 (NSW), ss 302, 309, 322, 328, 329, 359, 367, 368, 369, 379, 381, 384 and 385 Cases Cited: B & L Linings Pty Ltd v Chief Commissioner of State Revenue (2008) 74 NSWLR 481 Bechara trading as Bechara and Company v Bates [2016] NSWCA 294 Bellevarde Constructions Pty Ltd v CPC Energy Pty Ltd (2011) 12 DCLR (NSW) 304 CSR Ltd v Eddy (2008) 70 NSWLR 725 eInduct Systems Pty Ltd v 3D Safety Services Pty Ltd [2015] NSWCA 284 Gorczynski v AWM Dickinson & Son [2005] NSWSC 277 Khorramdel v Macaulay and Saivanidis trading as Prior Tzannes & Wallis (NSW Civil and Administrative Tribunal, 15 December 2015, P Boyce Senior Member) Khorramdel and Secretary, Department of Social Services [2015] AATA 383 Lang v Kirkness (New South Wales Supreme Court, Harrison M, 22 October 1997) London Scottish Benefit Society v Chorley, Crawford and Chester (1884) 13 QBD 872 Category: Principal judgment Parties: Plaintiff: Siavash Khorramdel Defendant: RG Macaulay and A Saivanidis trading as Pryor Tzannes & Wallis Solicitors Representation: Counsel: Plaintiff: In person Defendant: Mr P Crane (solicitor)