Lawrence v Nikolaidis & Co

Case [2003] NSWCA 129


Reported Decision:

57 NSWLR 355

Court of Appeal


CITATION: Lawrence v Nikolaidis [2003] NSWCA 129
HEARING DATE(S): 14/05/03
JUDGMENT DATE:
2 July 2003
JUDGMENT OF: Meagher JA at 1; Beazley JA at 13; Hodgson JA at 14
DECISION: 1. That the appeal be allowed; 2. That the respondent to pay the appellant's costs of the appeal and to have a Suitors' Fund Act certificate if otherwise entitled; 3. That the amount of the assessment of costs be reduced by $5,000.00 to $22,409.56 as at 22 May 2001.
CATCHWORDS: Assessment of costs - Expenses recoverable by witnesses generally - Costs recoverable by self-represented solicitor-litigant
LEGISLATION CITED: Legal Profession Act 1987
Limitation Act 1969
Builders Licensing Act 1971
Local Court (Civil Claims) Act 1970
CASES CITED: Cachia v Hanes (1994) 179 CLR 403
Atlas Corporation Pty Limited v F G Kalyk (unreported NSWCA 12/02/01)
Guss v Veenhuizen [No. 2] (1976) 136 CLR 47
London Scottish Benefit Society v Chorley (1884) 13 QBD 872 at 875; 877
Buckland v Watts [1970] 1 QB 27 at 35
Maronis Holdings Ltd v Nippon Credit Australia Pty Ltd [2002] NSWSC 838
Kowal v Zoccoli (2002) 4 VR 399
Petrunic v Barnes [1989] VR 927
Secretary Department of Foreign Affairs v Boswell (1992) 39 FCR 288
Brott v Almatrah [1998] 2 VR 83
Walton v McBride (1995) 36 NSWLR 440
Kerridge v Foley (unreported NSWSC 19/08/70)
Chanter v Blackwood (No. 3) (1904) 1 CLR 456
Howes v Barber 18 QB 588
Anthony v Walshe (1888) 22 LR 619
Cachia v Isaacs (unreported NSWCA 23/3/89)
Russo v Russo (1953) VLR 57 at 67
Australian Blue Metal Ltd v Hughes & Ors (1970) 2 NSWR 119

PARTIES :

Wayne Lawrence
v
M D Nikolaidis & Co
FILE NUMBER(S): CA 40803 of 2002
COUNSEL: A: B Zipser
R: J K Chippindall
SOLICITORS: A: N/A
R: M D Nikolaidis & Co
LOWER COURTJURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S): SC 10090 of 2002
LOWER COURT
JUDICIAL OFFICER :
Master Harrison


                          CA 40803 of 2002

                          MEAGHER JA
                          BEAZLEY JA
                          HODGSON JA

                          Wednesday 2 July 2003
WAYNE LAWRENCE v M D NIKOLAIDIS & CO


      FACTS

      By statement of liquidated claim in October 1997, the claimant, Mr Lawrence, sued the opponent, Mr Nikolaidis, a solicitor, for $38,000.00 for work done. The proceedings were defended. The magistrate who heard the proceedings entered judgment for the defendant. He ordered that the claimant pay the opponent’s costs, assessed on the basis of a two days’ full hearing.

      The claimant appealed to the Supreme Court (Sully J) from the Magistrate’s decision. That appeal was dismissed with costs.

      In the period August-November 1999 the opponent submitted two bills of costs to the claimant, one in respect of each of the above proceedings. Each bill was referred for to a costs assessor for assessment. The claimant disputed this assessment, eventually reviewed by Master Harrison, who could discern no error of law. The claimant then sought, and was granted, leave to appeal.

      HELD per Hodgson JA…

Continue reading Lawrence v Nikolaidis & Co

Sign in free to access the full text

Details
AGLC
Lawrence v Nikolaidis & Co [2003] NSWCA 129
Case
[2003] NSWCA 129
Decision Date

CaseChat Overview and Summary

The appeal in *Lawrence v Nikolaidis & Co* concerned the assessment of costs, specifically the recoverability of expenses by witnesses and the costs awarded to a self-represented solicitor-litigant. The case was heard in the Court of Appeal of New South Wales by Meagher, Beazley, and Hodgson JJA.

The primary legal issues before the Court of Appeal were whether certain expenses claimed by the respondent, a solicitor who represented himself, were recoverable as costs, and the extent to which a self-represented solicitor-litigant could recover costs for their own time and outlays. The court was required to consider the principles governing the assessment of costs, particularly in relation to the expenses incurred by witnesses and the specific circumstances of a solicitor acting in person.

The Court of Appeal allowed the appeal, finding that the assessment of costs had been excessive. The court reasoned that while a self-represented solicitor-litigant is generally entitled to recover costs for their professional time and expenses, the specific claims made in this instance were not fully justified under the relevant rules. The court applied principles of cost assessment that require expenses to be reasonable and necessarily incurred. Consequently, the court ordered that the respondent pay the appellant's costs of the appeal and reduced the assessed amount of costs by $5,000.00, setting the final figure at $22,409.56 as at 22 May 2001.

Orders

Orders of the court

1. That the appeal be allowed; 2. That the respondent to pay the appellant's costs of the appeal and to have a Suitors' Fund Act certificate if otherwise entitled; 3. That the amount of the assessment of costs be reduced by $5,000.00 to $22,409.56 as at 22 May 2001.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.