Balzola v Council of the Law Society of New South Wales (No. 2) [2018] NSWSC 993

Supreme Court New South Wales

Medium Neutral Citation: Balzola v Council of the Law Society of New South Wales (No. 2) [2018] NSWSC 993 Hearing dates: On the papers Date of orders: 29 June 2018 Decision date: 29 June 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) I set aside the order I made with respect to costs in my judgment given on 8 June 2018.

(2) I order the defendant to pay the plaintiff's costs of the notice of motion. Catchwords: JUDGMENTS AND ORDERS – setting aside – rule 36.16 UCPR – judgment on notice of motion - judgment made no order as to costs to the intent that each party pay its own costs – no submissions made at hearing as to costs – whether plaintiff denied procedural fairness – whether misapprehension as to facts by court – whether judgment should be varied – correspondence not drawn to court's attention – judgment varied as to costs Legislation Cited: Legal Profession Uniform Law (NSW) ss 77, 82 Uniform Civil Procedure Rules 2005 (NSW) r 36.16 Cases Cited: Autodesk Inc v Dyason (No. 2) (1993) 176 CLR 300 Balzola v Council of the Law Society of New South Wales [2018] NSWSC 849 R v Giri (No. 2) [2001] NSWCCA 234 Saif Ali v Sydney Mitchell & Co [1980] AC 198 State Rail Authority (NSW) v Codelfa Construction Pty Ltd (No. 2) (1982) 150 CLR 29 Victims Compensation Fund Corporation v Nguyen (2001) 52 NSWLR 213; [2001] NSWCA 264 Wentworth v Rogers [2002] NSWSC 921 Wentworth v Woollahra Municipal Council (No. 2) (1982) 149 CLR 672 Texts Cited: Nil Category: Costs Parties: Robert Remo Balzola (Plaintiff) Council of the Law Society of New South Wales (Defendant) Representation: Counsel: N Beaumont SC & L Johnston (Plaintiff) K Morgan SC & S Palaniappan (Defendant)