John Christopher Gazecki v McCabes Lawyers Pty Limited [2019] NSWDC 566

District Court New South Wales

Medium Neutral Citation: John Christopher Gazecki v McCabes Lawyers Pty Limited [2019] NSWDC 566 Hearing dates: 3 October 2019 Date of orders: 11 October 2019 Decision date: 11 October 2019 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) The plaintiff's application for leave to commence the proceedings out of time is refused.

(2) The amended summons is dismissed.

(3) The plaintiff is to pay the defendant's costs of and incidental to the proceedings. Catchwords: COSTS – Costs assessment – Solicitor/Client - Determination – Review/appeal

CIVIL PROCEDURE – Time – Extension of time to appeal decision of review panel – where appeal lodged some 30 days out of time – plaintiff's explanation for the delay inadequate – prospects of appeal's success low – where costs agreement addressed to plaintiff – where parties contemplated scope of work would evolve over time – no error demonstrated by review panel – prejudice demonstrated by defendant – little/no prejudice suffered by plaintiff on account of plaintiff's right to continue professional negligence proceedings against defendant – application for leave refused - amended summons dismissed Legislation Cited: Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Allesch v Maunz (2000) 203 CLR 172 Amos v Monsour P/L [2009] QCA 65 Australian Coal & Shale Employees' Federation v Commonwealth (1953) 94 CLR 621 Farrar v Julian-Armitage [2015] QCA 289 Jackamarra v Krakouer (1988) 195 CLR 516 Jingalong Pty Ltd v Todd [2014] NSWCA 330 Schweppes' Ltd. v Archer (1934) 34 SR (NSW) 178; 51 WN (NSW) 71 Tomko v Palasty (No 2) (2007) 71 NSWLR 61 Category: Procedural and other rulings Parties: John Christopher Gazecki (Plaintiff, Applicant) McCabes Lawyers Pty Limited (Defendant, Respondent) Representation: Counsel: Mr R. Notley (Plaintiff, Applicant) Mr E. Finnane (Defendant, Respondent)