Ian Jones v The Owners Strata Plan No 69008 [2018] NSWCA 272

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ian Jones v The Owners Strata Plan No 69008 [2018] NSWCA 272 Hearing dates: On the papers Date of orders: 15 November 2018 Decision date: 15 November 2018 Before: Macfarlan JA Barrett AJA Decision: Summons seeking leave to appeal dismissed with costs Catchwords: APPEAL – leave to appeal – interlocutory order striking out solicitor's claim to recover legal costs referable to period before costs disclosure made – submission that subsequent costs disclosure removed barriers to suing for costs for prior services – such submission at odds with statutory language and intent – no exceptional circumstances or well-based apprehension of miscarriage of justice warranting leave to appeal Legislation Cited: Legal Profession Act 2004 (NSW) Category: Principal judgment Parties: Ian Jones (applicant) The Owners Strata Plan No 69008 (respondent) Representation: Solicitors: Buckner Jones (plaintiff) Adrian Batterby Lawyer (respondent) File Number(s): 2018/135310 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: [2017] NSWDC 430 Date of Decision: 17 December 2017 Before: Neilson DCJ File Number(s): 2016/327009

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]