Abbatangelo v Aleckson [2019] NSWDC 430

District Court New South Wales

Medium Neutral Citation: Abbatangelo v Aleckson [2019] NSWDC 430 Hearing dates: 15 August 2019 Date of orders: 23 August 2019 Decision date: 23 August 2019 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Dismiss the defendant's Notice of Motion filed on 27 February 2018. (2) Order the defendant to pay the costs of the respondent Donald Stuart Cameron of the Notice of Motion. Catchwords: COSTS – whether costs of two mentions in the proceedings and costs thrown away by the vacation of hearing should be paid by the former solicitor for the plaintiff, pursuant to section 99 Civil Procedure Act (NSW)

COSTS – whether costs incurred by serious neglect, serious incompetence or serious misconduct of legal practitioner – conduct was not "improper" in the sense of being professional misconduct, or unsatisfactory professional conduct - conduct was not "unreasonable" as it was not conduct which was vexatious, or designed to harass the other side, or conduct for which there was no proper motive - explanation of the preparation which solicitor did for the case is accepted – actions of solicitor both reasonable and justified - conduct was not "negligent" as there was no failure to act with the competence reasonably to be expected of members of the legal profession Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Category: Procedural and other rulings Parties: Richard Abbatangelo (Plaintiff) Jay Aleckson (Defendant) Donald Cameron (Respondent to Motion) Representation: Counsel: B Wilson (Defendant/Applicant) D A Lloyd (Respondent)