Council of the New South Wales Bar Association v Berwick (No. 3) [2018] NSWCATOD 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Berwick (No. 3) [2018] NSWCATOD 95 Hearing dates: Heard on the papers Date of orders: 18 June 2018 Decision date: 18 June 2018 Jurisdiction: Occupational Division Before: L P Robberds QC, Senior Member Dr J G Renwick SC, Senior Member Decision: (1) Pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013 the Tribunal dispenses with a hearing of the costs applications of the applicant Fahmid Rahman and the respondent Dr John Patrick Berwick.

(2) Order that the respondent pay the applicant the applicant's costs of the issues:

(a) whether the applicant suffered a loss of $25,349.16 because of the respondent's unsatisfactory professional conduct; and

(b) whether the applicant was entitled to an order that the respondent pay him compensation in the amount of $25,000.

(3) Subject to order (4), order that the applicant pay the respondent, the respondent's costs of the applicant's application for repayment to him of $33,000 and for compensation orders but excluding the issues referred to in order (2).

(4) Order (3) does not include the costs incurred by the respondent in making the three settlement offers referred to in par 18 of these reasons.

(5) Order that the applicant pay the respondent the respondent's costs of the issue whether the compensation which could be awarded was capped at $25,000 for all matters the subject of the complaint.

(6) Order that the applicant pay the respondent, the respondent's costs of the issue whether the applicant was entitled to an order that the respondent pay the applicant's costs of the proceedings brought by the Council of the New South Wales Bar Association filed on 2 April 2015, file 2015/0038 3754 (1520067). Catchwords: Costs – special circumstances – relative strength of cases of the parties – compensation under Legal Profession Act 2004 – several claims in one complaint – cap on amount awarded Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Interpretation Act 1987 (NSW) Legal Profession Act 2004 (NSW) Cases Cited: ACT Builders Pty Ltd v Haridemos (No 2) [2016] NSWCATAP 118 Council of the New South Wales Bar Association v Berwick [2016] NSWCATOD 81 Council of the New South Wales Bar Association v Berwick (No.2) [2017] NSWCATOD 133 Cripps v GBM Dawson Pty Ltd [2006] NSWCA 81 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Category: Costs Parties: Parties to the costs applications: Fahmid Rahman (Applicant) Dr John Patrick Berwick (Respondent) Representation: Counsel: Justin Doyle (Applicant Fahmid Rahman) A C Harding (Respondent) Solicitors: Gilchrist Connell (respondent) File Number(s): 2015/00383754 (1520067), 2016/00378818(1620258) Publication restriction: Nil