Simms v Gallande Pty Ltd [2018] NSWSC 701

Supreme Court New South Wales

Medium Neutral Citation: Simms v Gallande Pty Ltd [2018] NSWSC 701 Hearing dates: 28 November 2017 Date of orders: 18 May 2018 Decision date: 18 May 2018 Jurisdiction: Common Law Before: N Adams J Decision: (1) Leave is granted to extend the time to commence these proceedings under UCPR r 59.10(2).

(2) The summons is dismissed.

(3) The plaintiff is to pay the defendant's costs of these proceedings. Catchwords: ADMINISTRATIVE LAW – Judicial review – Where a legal firm sought costs assessment under the Legal Profession Act 2004 (NSW) and filed the resulting certificate in the Local Court to obtain judgment against the client – Where the company to which the firm provided legal services was not the company nominated in the costs agreement – Whether legal error on the face of the record –Whether there was a failure to give reasons – Whether there was procedural unfairness Legislation Cited: Corporation Act 2001 (Cth), s 50 Legal Profession Act 2004 (NSW), ss 312, 317, 352, 356, 367, 368, 370, 371 Legal Profession Uniform Application Act 2014 (Vic), Sch 1. Legal Profession Uniform Law Application Act 2014 (NSW), s 4 Legal Profession Uniform Law (NSW), Sch 4 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Cases Cited: Boyce v Allianz Australia Insurance Ltd and Another [2018] NSWCA 22 Coshott v Barry [2017] NSWSC 1220 Dyason v Butterworth [2015] NSWCA 52 Kisimul Holdings Pty Ltd v Clear Position Pty Ltd [2014] NSWCA 262 Kisimul Holdings Pty Ltd v Clear Position Pty Ltd [2014] NSWSC 338 Minister for Immigration and Multicultural Affairs v George (2004) 139 FCR 127; [2004] FCAFC 276 Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54 Category: Principal judgment Parties: Sonia Simms (Plaintiff) Gallande Pty Ltd (First Defendant) Local Court of New South Wales (Second Defendant) Clear Position Pty Ltd (Third Defendant) John McGruther (Fourth Defendant) Representation: Counsel: J Ireland (solicitor) (Plaintiff) M R Pesman SC (First Defendant)