Chin and S Law Firm

Case

[2010] FamCA 370

29 March 2010


Details
AGLC Case Decision Date
Chin and S Law Firm [2010] FamCA 370 [2010] FamCA 370 29 March 2010

CaseChat Overview and Summary

This matter came before Collier J concerning an application by Mr Chin. The dispute involved the assessment of costs owed by Mr Chin to S Law Firm.

The primary legal issue before the Court was whether Mr Chin's application, filed on 23 November 2007, should be dismissed. The Court was also required to determine the quantum of costs payable by Mr Chin to S Law Firm, as previously assessed by a Registrar on 27 March 2007, and to consider additional costs incurred in relation to proceedings on 28 November 2008 and the current date. Furthermore, the Court needed to consider whether Mr Chin's conduct warranted referral to the Law Society of NSW or the Legal Services Commissioner for NSW.

Collier J dismissed Mr Chin's application. The Court ordered Mr Chin to pay S Law Firm the sum of $29,700, representing the rounded amount of the Registrar's assessment, within three months. In addition, Mr Chin was ordered to pay costs totalling $13,200 for the proceedings on 28 November 2008 and the current date, payable within six months. Mr Chin was granted liberty to relist the matter within twenty-eight days to explain his non-attendance and provide reasons why his behaviour should not be referred to the relevant professional bodies. The Court directed that a copy of the orders be served on Mr Chin at his disclosed addresses.
Details

Areas of Law

  • Civil Procedure

  • Commercial Law

Legal Concepts

  • Costs

  • Appeal

  • Abuse of Process

  • Procedural Fairness

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