Kisimul Holdings Pty Ltd v Simms [2018] NSWSC 688

Supreme Court New South Wales

Medium Neutral Citation: Kisimul Holdings Pty Ltd v Simms [2018] NSWSC 688 Hearing dates: 15 May 2018 Decision date: 15 May 2018 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph [19]. Catchwords: COSTS – application for stay or suspension of costs assessment affirmed by Review Panel – application refused Legislation Cited: Civil Procedure Act 2005 (NSW) Pt 6, s 98(4) Legal Profession Act 2004 (NSW) ss 385(2), 386(1) Legal Profession Uniform Law Application Act 2014 (NSW) s 85(1)(a) Profession Uniform Law Application Regulation 2015 (NSW) cl 50 Category: Procedural and other rulings Parties: Kisimul Holdings Pty Ltd (Plaintiff) Sonia Elizabeth Simms (First Defendant) Sonia Simms Pty Ltd (Second Defendant) Representation: Counsel: D Farrar (Plaintiff) G Mavrakis (Defendant)

Solicitors: Farrar Lawyers (Plaintiff) Mavrakis & Associates Lawyers (Defendants) File Number(s): 2018/140866

Judgment – EX TEMPORE

Introduction 1. By summons filed on 4 May 2018, Kisimul Holdings Pty Ltd (the plaintiff) seeks orders in relation to costs which have been assessed, and reviewed by the Review Panel, following a costs order made by Bergin CJ in Eq in favour of the defendants at the conclusion of proceedings commenced by the plaintiff in the Equity Division on 4 July 2014. On 16 April 2018, judgment was entered in favour of the defendants against the plaintiff by this Court in the sum of $88,718.50, being the amount of the costs assessment, which was upheld by the Review Panel. 2. The plaintiff seeks an order pursuant to s 386(1) of the Legal Profession Act 2004 (NSW) (the 2004 Act) that the operation of a certificate of determination of costs dated 15 November 2017 be suspended until further order of the Court. The plaintiff also seeks an order for suspension of the certificate of determination of the costs of the assessment. Further, the plaintiff seeks an order suspending the certificate of determination of the Review Panel of costs of assessment dated 6 April 2018. The plaintiff also seeks leave to appeal against the decision of the Review Panel pursuant to s 385(2) of the 2004 Act.