NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Clutch & Brake Australia Pty Ltd v Khamis [2018] NSWSC 777 Hearing dates: 18 May 2018 Date of orders: 31 May 2018 Decision date: 31 May 2018 Jurisdiction: Common Law - Administrative Law Before: Harrison AsJ Decision: The Court orders that:
(1) Leave to appeal is refused.
(2) The summons filed 8 December 2017 is dismissed.
(3) The plaintiff is to pay the first, second and third defendant's costs on an ordinary basis. Catchwords: APPEAL – No point of principle – Costs Assessor – Review Panel – ordered costs – leave to appeal – whether leave to appeal should be allowed under s 89 of the Legal Profession Uniform Law Application Act 2014 (NSW) – whether there is an error of principle, matter of public importance or injustice that is reasonably clear – modest amount in dispute – Local Court Practice Note Civ 1, Part G – whether maximum costs cap in the Practice Note applies Legislation Cited: Legal Profession Uniform Law Application Act 2014 (NSW), ss 75, 89 and 93C
Uniform Civil Procedure Rules 2005 (NSW), r 42.2 Cases Cited: Aktas v Westpac Banking Corporation Ltd [2013] NSWSC 1451 Atkins v Abigroup Ltd (1998) 43 NSWLR 539 Baulderstone Hornibrook Pty Limited v HBO+DC Pty Limited [2001] NSWSC 821 Gibson v Drumm [2016] NSWCA 206 Metziya Pty Ltd v ICR Engineering Pty Ltd; ICR Engineering Pty Ltd v Metziya Pty Ltd; ICR Engineering Pty Ltd v Blayney Cold Storage Distribution Pty Ltd [2016] NSWSC 1703 Secure Parking Pty Limited v Ralan Property Services Pty Limited (No 1) [2018] NSWSC 660 Texts Cited: Local Court Practice Note Civ 1, Part G Category: Principal judgment Parties: Clutch & Brake Australia Pty Ltd (Plaintiff) Monica Khamis (First Defendant) Old No 7 Transport Pty Limited (Second Defendant) Matthew Damian Cornwall (Third Defendant) Alexandra Hutley (Fourth Defendant) Michael Robinson (Fifth Defendant) Representation: Counsel: J Gruzman (Plaintiff) R O'Neill (First Defendant) A Davis (Second & Third Defendants)
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