Lukic v de Luca-Leonard [2017] NSWSC 814

Supreme Court New South Wales

Medium Neutral Citation: Lukic v de Luca-Leonard [2017] NSWSC 814 Hearing dates: 20 June 2017 Date of orders: 22 June 2017 Decision date: 22 June 2017 Jurisdiction: Common Law Before: Harrison J Decision: Invite the parties to make further submissions. Catchwords: PRACTICE AND PROCEDURE – request for an itemised bill of costs and client file – application of the transitional provisions of the Legal Profession Uniform Law (NSW) – whether s332A of the Legal Profession Act or s187(2) of the Legal Profession Uniform Law (NSW) applies – whether a time limit applies to a request for an itemised bill Legislation Cited: Legal Profession Act 2004 Legal Profession Uniform Law (NSW) Category: Procedural and other rulings Parties: Miroslavka Lukic (Plaintiff) Moya Regina de Luca-Leonard (Defendant) Representation: Counsel: H W M Stitt (Plaintiff) J O'Sullivan (Defendant)

Solicitors: Wilson Fox Lawyers (Plaintiff) Bruce Macdonald Lawyers (Defendant) File Number(s): 2016/357460 Publication restriction: Nil

Judgment 1. HIS HONOUR: By her summons filed on 29 November 2016, Miroslavka Lukic seeks the following relief: 1. An order pursuant to s 728(1)(a) of the Legal Profession Act 2004 that the defendant provide to the plaintiff a bill of costs in itemised form of costs and disbursements in respect of the legal services provided by the defendant to the plaintiff in connection with the plaintiff's claim for work injury damages. 2. An order that the defendant produce to the plaintiff's legal representative the plaintiff's file relating to the conduct of the plaintiff's work injury damages claim, including the mediation and settlement of the matter. 3. An order that the defendant pay the plaintiff's costs of and incidental to this summons on an indemnity basis. 1. For the reasons that follow, I consider that I am not presently able to determine whether or not Ms Lukic is entitled to the relief that she seeks.