Homsi v Pasquale (No. 2)

[2018] NSWDC 276

District Court

New South Wales

Medium Neutral Citation:	Homsi v Pasquale (No. 2) [2018] NSWDC 276
Hearing dates:	18 and 19 June 2018
Date of orders:	29 June 2018
Decision date:	29 June 2018
Jurisdiction:	Civil
Before:	Gibson DCJ
Decision:	(1) Notice of motion filed on 3 April 2018 dismissed. (2) Costs reserved, with liberty to apply
Catchwords:	COST – application for costs of proceedings to be paid by former solicitor – application refused – no issue of principle
Legislation Cited:	Civil Procedure Act 2005 (NSW), ss 98 and 99 Evidence Act 1995 (NSW), ss 91 and 136 Legal Profession Uniform Law 2014 (NSW), Sch 2 cl 1 Uniform Civil Procedure Rules 2005 (NSW), rr 7.29 and 42.35
Cases Cited:	Boland v Dillon (2010) 243 CLR 298 Degiorgio v Dunn (No 2) (2005) 62 NSWLR 284 Harriton v Stephens (2006) 226 CLR 52 Homsi v Nabulsi [2017] NSWDC 16 Homsi v Pasquale [2017] NSWDC 371 In the matter of Optimisation Australia Pty Ltd (Costs) [2018] NSWSC 280 Lemoto v Able Technical Pty Ltd (2005) 63 NSWLR 300 Levick v Deputy Commissioner of Taxation (2000) 102 FCR 155 Mason v Demasi [2009] NSWCA 227 Melbourne City Investments Pty Ltd v Myer Holdings Ltd [2017] VSCA 187 Newell; Muriniti v De Costi [2018] NSWCA 49 Ridehalgh v Horsefield [1994] Ch 205 State of New South Wales v Stevens (2012) 82 NSWLR 109
Category:	Costs
Parties:	Plaintiff/Applicant: Souraya Homsi Defendant: Felli Pasquale Respondent: Jason Di Michiel
Representation:	Counsel: Plaintiff/Applicant: Dr S C Thornton Defendant: Mr A J J Renshaw Respondent: Mr D Lloyd   Solicitors: Plaintiff/Applicant: Drexler & Partners Litigation and Compensation Lawyers Defendant: Hall & Wilcox Lawyers Respondent: Kennedys (Australasia) Pty Ltd
File Number(s):	2016/200013
Publication restriction:	None

Judgment

The applications before the court

1. These are proceedings for damages for personal injury arising from a motor vehicle accident the plaintiff was involved in on 28 May 2015. The facts and circumstances of the accident are set out in my judgment of 21 December 2017: Homsi v Pasquale [2017] NSWDC 371. The following orders as set out in that judgment are as follows:

1. Judgment for the plaintiff for $0.

2. Costs reserved with liberty to apply.

2. By notice of motion filed on 27 February 2018, the plaintiff and defendant jointly seek orders as follows:

1. The time for service of the Notice of Motion be abridged;

2. Pursuant to Sections 98 and 99 of the Civil Procedure Act 2005 (NSW) an order that Premier Compensation Lawyers or in the alternative Jason Di Michiel trading as Premier Compensation Lawyers pay the costs of Drexler Litigation Lawyers including counsel fees and the defendant’s costs and disbursements on an indemnity basis;

3. Any further orders this Court deems fit.

3. The evidence upon which the parties relied was as follows:

1. Exhibit A – The decision of Homsi v Nabulsi [2017] NSWDC 16;

2. Exhibit B – Transcript and affidavit of Mr Anthony Crowe;

3. Exhibit C – Notice of motion filed on behalf of Mr Di Michiel to set aside subpoena;

4. Exhibit…