NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Samadi v WKA Legal Pty Ltd [2018] NSWSC 1159 Hearing dates: 25 July 2018 Date of orders: 27 July 2018 Decision date: 27 July 2018 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph [77]. Catchwords: APPEAL – from Local Court – whether leave required where question of limitation arises
APPEAL – whether leave ought be given where question of fundamental principle even where small amount in issue – leave granted
APPEAL – whether Supreme Court ought make final orders or remit matter to Local Court – interaction between s 41 of Local Court Act 2007 and s 75A of Supreme Court Act 1970
PRACTICE AND PROCEDURE – Limitation Act 1969 – application to claims for legal costs by solicitor against client – question of construction of costs agreement by reference to contractual principles – relevant costs agreement not an entire contract
PRACTICE AND PROCEDURE – importance of determining jurisdiction when question raised – s 317(2) of the Legal Profession Act 2004 Legislation Cited: Civil Procedure Act 2005 (NSW), Part 6, s 98 District Court Act 1973 (NSW), s 127 Legal Profession Act 2004 (NSW), ss 302, 309, 317, 319, 323, 326, 327 Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW), r 29 Legal Profession Uniform Law (NSW), Sch 4, cl 18 Limitation Act 1969 (NSW), ss 14, 54 Local Court Act 2007 (NSW), ss 39, 40, 41 Supreme Court Act 1970 (NSW), s 75A Uniform Civil Procedure Rules 2005 (NSW), rr 14.4, 42.1, 50.3 Cases Cited: Abedi v Penningtons [2000] 2 Costs LR 205 Coshott v Barry [2012] NSWSC 850 Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 Gynch v Polish Club Limited (2015) 255 CLR 414; [2015] HCA 23 In re Hall & Barker [1878] IX Ch D 538 Owners Strata Plan 4003 v Mustafa [2012] NSWSC 780 R v Birks (1990) 19 NSWLR 677 Storey v Harmse [2013] NSWSC 1641 Category: Principal judgment Parties: Afshin Samadi (First Plaintiff) Team ASR Pty Ltd (Second Plaintiff) Studio 54 Pty Ltd (Third Plaintiff) WKA Legal Pty Ltd (Defendant) Representation: Counsel: M Castle with BW Williams (Plaintiffs) M Galvin (Defendant)
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