Slattery v Fordyce; Fordyce v Slattery [2019] NSWSC 173

Supreme Court New South Wales

Medium Neutral Citation: Slattery v Fordyce; Fordyce v Slattery [2019] NSWSC 173 Hearing dates: 13 June 2018 Date of orders: 28 February 2019 Decision date: 28 February 2019 Jurisdiction: Common Law Before: Walton J Decision: The Court makes the following orders:

(1) The first defendant shall file and serve short minutes of order reflecting this judgment within 14 days of the publication of this judgment.

(2) The plaintiff shall file and serve within a further 7 days any alternative proposed orders in the event of a dispute. In the event there is no dispute that fact shall be communicated either by the first defendant at the time of filing short minutes of order pursuant to (1) above or by a note provided by the plaintiff within the time specified in this order.

(3) Any application as to costs should be filed and served within 14 days of the publication of this judgment.

(4) Subject to (3) above, costs are reserved.

(5) In the event that orders are filed and served pursuant to (2) above, reflecting a dispute as to the form of orders, or an application is made under (3) above, the Court shall issue further directions for the disposition of any such issues.

(6) The parties have liberty to apply to the Chambers of the Court as to the disposition of those issues referred to in (1) to (5) above. Catchwords: APPEAL – appeal from Local Court – ss 39 and 40 of the Local Court Act 2007 (NSW) – grounds of appeal – costs assessment under s 352(1) of the Legal Profession Act 2004 (NSW) – application of the Legal Profession Act 2004 (NSW) – construction of s 355 of Legal Profession Act 2004 (NSW) – questions of law – commence or maintain – whether cost assessment render no jurisdiction – defence of payment – appeal as to the determination of costs – application of r 42.14 of the Uniform Civil Procedure Rules 2005 (NSW) – discretion to award costs pursuant to s 98 of the Civil Procedure Act 2005 (NSW) – principles of finality – indemnity costs – question of leave – mixed question of fact and law – disclosure – whether application brought out of time – general principles as to an extension of time application in Currabubula – orders