Nunzio Berardi v Salvatore Russo t/as Russo & Partners (No 2) [2018] NSWSC 63

Supreme Court New South Wales

Medium Neutral Citation: Nunzio Berardi v Salvatore Russo t/as Russo & Partners (No 2) [2018] NSWSC 63 Hearing dates: Dealt with on papers after substantive judgment Date of orders: 07 February 2018 Decision date: 07 February 2018 Jurisdiction: Common Law Before: Rothman J Decision: (1) Application for costs order against the legal representatives of the plaintiff dismissed;

(2) Vary order [2] of the orders issued by the Court on 16 October 2015 in this matter, by inserting, at the end of the order, after the word "proceedings", the words "in the amount of $11,000";

(3) Pursuant to s 100 of the Civil Procedure Act 2005 (NSW), interest payable on $11,000 from 16 October 2015 until the date of this judgment at the rate prescribed by the Uniform Civil Procedure Rules 2005 (NSW) for interest after judgment;

(4) Interest after judgment on $11,000 pursuant to s 101 of the Civil Procedure Act 2005 (NSW) in accordance with rates prescribed by the Uniform Civil Procedure Rules 2005 (NSW);

(5) Otherwise, proceedings dismissed. Catchwords: COSTS – application for lump sum costs order and order that legal representatives pay costs – lump sum agreed – order made – insufficient reason for Court to exercise discretion to order lawyers to pay costs. Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 59, 98, 99, 100, 101 Legal Profession Act 2004 (NSW), ss 198J, 198L, 198M, 198N Uniform Civil Procedure Rules 2005 (NSW), Pt 42 Cases Cited: Colgate-Palmolive Company and Colgate-Palmolive Pty Ltd [1993] FCA 536; (1993) 46 FCR 225 Deputy Commissioner of Taxation v Levick (1999) 168 ALR 383; [1999] FCA 1580 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants (1988) 81 ALR 397 Idoport Pty Ltd v NAB (2000) 49 NSWLR 51; [2000] NSWSC 338 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Lemoto v Able Technical Pty Ltd (2005) 63 NSWLR 300; [2005] NSWCA 153 Levick v Deputy Commissioner of Taxation [2000] FCA 674 Nunzio Berardi v Salvatore Russo t/as Russo & Partners [2015] NSWSC 1520 Ohn v Walton (1995) 36 NSWLR 77 Re Bendeich (1994) 53 FCR 422; [1994] FCA 1504 Ridealgh v Horsfield [1994] Ch 205 Rouse v Shepherd (No 2) (1994) 35 NSWLR 277 Wentworth v Rogers [1999] NSWCA 403 Texts Cited: G E Dal Pont, Law of Costs (2nd ed, 2009, LexisNexis Butterworths) Category: Costs Parties: Nunzio Berardi (Plaintiff) Salvatore Russo t/as Russo & Partners (Defendant) Representation: Counsel: M Sahade (Plaintiff) D Eardley (Defendant)