Foundas v Wright Lawyers P/L [2020] NSWSC 354

Supreme Court New South Wales

Medium Neutral Citation: Foundas v Wright Lawyers P/L [2020] NSWSC 354 Hearing dates: 17 March 2020 Date of orders: 17 March 2020 Decision date: 03 April 2020 Jurisdiction: Common Law Before: Wilson J Decision: Orders made 17 March 2020

1. Grant leave to the plaintiff to apply out of time to the Manager, Costs Assessment for an assessment of the whole of the legal costs invoiced by Wright Lawyers Pty Ltd, such application for assessment to be made by 4pm on 20 March 2020;

2. Reasons reserved pending determination of defendant's application for costs;

3. Plaintiff to file and serve, by email, any written submissions with respect to the defendant's application for costs, by 4pm on 31 March 2020;

4. Question of costs to be determined on the papers.

Orders made 3 April 2020

1. Costs of the summons on an ordinary basis in favour of the defendant Catchwords: CIVIL – leave application – leave to apply out of time – Supreme Court Costs Assessment Scheme – assessment of legal costs – costs agreement – costs of the summons – unrepresented plaintiff – question of costs to be determined on the papers – question of disadvantage in responding to costs application – grant of leave to plaintiff – rights in relation to legal costs – reasonable conduct of defendant – unreasonable delay of plaintiff - Court discretion to award costs – exceptional delay without satisfactory explanation Legislation Cited: Legal Profession Act 2004 (NSW) Legal Profession Uniform Law Cases Cited: Eastbury v Genea [2015] NSWSC 198 Forgione v Ashurst Australia [2016] NSWSC 1314 Holt v Wynter (2000) 49 NSWLR 128 Category: Principal judgment Parties: Plaintiff: Ms Cassiani Foundas Defendant: Wright Lawyers Representation: Solicitors: Plaintiff in person Mr Allan for the defendant File Number(s): 2019/00365253 Publication restriction: None