Jefferis v Gells Pty Ltd [2018] NSWDC 73

District Court New South Wales

Medium Neutral Citation: Jefferis v Gells Pty Ltd [2018] NSWDC 73 Hearing dates: 23 March 2018 Date of orders: 29 March 2018 Decision date: 29 March 2018 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Summary judgment for the plaintiff for $2,540 in relation to paragraphs 3-15 of the Further Amended Statement of Claim filed on 1 July 2017. (2) Plaintiff's Notice of Motion filed on 22 December 2017 otherwise dismissed. (3) Order the plaintiff to pay 80% of the defendant's costs of the Motion, as agreed or assessed. Catchwords: COSTS – costs assessment – whether the quantum of fees sought was fair and reasonable – whether costs assessor had jurisdiction to determine precise terms of retainer – whether that issue was determined by costs assessor, or was a matter to be determined upon a hearing in the District Court

PRACTICE AND PROCEDURE – summary judgment – whether there was no real question to be tried Legislation Cited: Uniform Civil Procedure Rules 2005, 13.1 Legal Profession Act 2004, s 268(5) Cases Cited: Fancourt v Mercantile Credits Limited (1983) 154 CLR 87 Calandra v Murden [2015] NSWCA 231 WKA Legal Pty Ltd v Gleeson [2018] NSWSC 318 Branson v Tucker [2012] NSWCA 310 Category: Procedural and other rulings Parties: Richard Jefferis (plaintiff) Gells Pty Ltd (defendant) Representation: Counsel: P Doyle Gray (plaintiff) M Castle (defendant)