Crosby v Fica (No 4) [2018] NSWSC 632

Supreme Court New South Wales

Medium Neutral Citation: Crosby v Fica (No 4) [2018] NSWSC 632 Hearing dates: 3 May 2018 Date of orders: 10 May 2018 Decision date: 10 May 2018 Jurisdiction: Equity - Family Provision List Before: Parker J Decision: Application to vary orders of the Court dismissed Catchwords: CIVIL PROCEDURE – costs – solicitor-client costs – gross sum costs order – where application made by plaintiff's solicitor for variation of final orders – where application seeks dispensation of final orders requiring that solicitor-client costs be assessed before a gross sum assessment can be made – Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A) – whether the court has jurisdiction to make the substantive variations to final orders sought – plaintiff's solicitor has no standing to make application – not in plaintiff's best interests to dispense with requirement for full assessment of solicitor-client costs

SOLICITORS – duties – application for gross sum costs order – application to dispense with order requiring assessment of solicitor-client costs Legislation Cited: Legal Profession Uniform Law 2014 (NSW), ss 174(1), 175(2), 178, 204(2). Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A) Cases Cited: Bechara v Bates [2016] NSWCA 294 Katter v Melham (2015) 90 NSWLR 164 Category: Consequential orders (other than Costs) Parties: Dasha Crosby by her tutor Olga Crosby (Plaintiff) Juan Fica (Defendant) Representation: Counsel: FFF Salama (Plaintiff)

Solicitor: SAS Lawyers (Plaintiff) File Number(s): 2016/269892 Publication restriction: Nil