De Costi Seafoods (Franchises) Pty Limited and Anor v Wachtenheim and Anor (No 8) [2020] NSWDC 184

District Court New South Wales

Medium Neutral Citation: De Costi Seafoods (Franchises) Pty Limited and Anor v Wachtenheim and Anor (No 8) [2020] NSWDC 184 Hearing dates: 25, 26, 27, 28 February; 2 and 6 March 2020 Date of orders: 08 May 2020 Decision date: 08 May 2020 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) The application for removal of the Referee is dismissed. (2) Costs of the application be payable by Mr Newell and Mr Muriniti. (3) The parties provide to my associate within seven days: (a) any further proposed directions to the Referee; and (b) three mutually convenient dates for the directions hearing. Catchwords: REFERENCE – referral to costs assessor – removal of referee – procedure – interpretation of orders – appointment – termination – procedure of the referee – estimation of fees – association with related party - bias – apprehended bias - costs Legislation Cited: Civil Procedure Act 2005, s 56, s 63 District Court Act 1973, s 4 Legal Profession Uniform Law (NSW), s 6 Uniform Civil Procedure Rules 2005, r 20.14, r 20.15, r 20.20 Cases Cited: CNY17 v Minister for Immigration and Border Protection [2019] HCA 50 Marshall v Fleming [2014] NSWCA 64 Newell; Muriniti v De Costi [2018] NSWCA 49 Wende v Horwath (NSW) Pty Limited [2014] NSWCA 170 Texts Cited: E Finnane, HN Newton and C Wood, Equity Practice and Precedents (Law Book Co, Sydney, 2008) Category: Procedural and other rulings Parties: De Costi Seafoods (Franchises) Pty Limited (ACN 103 324 812) (first plaintiff/first cross-defendant/cost applicant on second further amended notice of motion filed 8/11/19) De Costi Seafoods (Holdings) Pty Limited (ACN 064 186 410) (second plaintiff/ fifth cross-defendant/cost applicant on second further amended notice of motion filed 8/11/19) Frank Theodore (second cross-defendant/cost applicant on second further amended notice of motion filed 8/11/19) George Costi (fourth cross-defendant/cost applicant on second further amended notice of motion filed 8/11/19) Androulla Costi (seventh cross-defendant/cost applicant on second further amended notice of motion filed 8/11/19) Leonardo Carlo Muriniti (first respondent on second further amended notice of motion filed 8/11/19) Robert Duane Newell (second respondent on second further amended notice of motion filed 8/11/19) Alyson Ashe (third respondent on second further amended notice of motion filed 8/11/19) Representation: Counsel: Mr S J Stanton (cost applicants on second further amended notice of motion filed 8/11/19)