Gye v Laughton [2018] NSWSC 1026

Supreme Court New South Wales

Medium Neutral Citation: Gye v Laughton [2018] NSWSC 1026 Hearing dates: 2 July 2018 Date of orders: 02 July 2018 Decision date: 02 July 2018 Jurisdiction: Common Law Before: Campbell J Decision: 1. In matter number 2018/30238, the judgment obtained by registration of the certificate of the appeal panel's decision on 29 January 2018 is stayed until the disposition of the proceedings in matter number 2018/99960 on condition that the amount of $19,620.07 is paid into the registry on or before Friday, 13 July 2018. 2. Liberty to apply on short notice given to my associate. 3. Costs are costs in proceedings number 2018/99960. 4. Both proceedings listed for directions before the registrar at 9am on Monday, 16 July 2018. Catchwords: CIVIL PROCEDURE – application for a stay of judgment - original jurisdiction - statutory judgment - enforcing costs decision of review panel - proceedings for judicial review - proper construction of the costs retainer - whether the case is fairly arguable - whether the matter may be characterised as an error on the face of the record - whether the review panel's approach conformed with statutory obligations - delay in commencing proceedings - relevantly small debt - balance of convenience - rights of solicitors - rights of third parties Legislation Cited: Legal Profession Act 2004 (NSW), s 363, s367, s 368, s 374, s 384, and s 384. Legal Profession Uniform Law Application Act 2014 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 50.3 Cases Cited: DJ Singh v DH Singh & Others [2017] NSWCA 234; McLean Tecnic v Digi-Tech; Kalifair v Digi-Tech [2002] NSWCA 383 Texts Cited: Nil Category: Consequential orders (other than Costs) Parties: Clement Anthony Gye (Applicant) Gregory Allan Laughton (Respondent) Representation: Counsel: V R Gray (Applicant) J Wyner (Respondent) File Number(s): 2018/302382018/99960 Publication restriction: No