Lawrence v Sammut (No. 5)

Case [2023] NSWSC 1476


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Lawrence v Sammut (No. 5) [2023] NSWSC 1476
Hearing dates: 23 October and 16 November 2023
Date of orders: 30 November 2023
Decision date: 30 November 2023
Jurisdiction:Common Law
Before: Lonergan J
Decision:

(1) The decision of the Common Law Registrar of 10 July 2023 is confirmed.

(2) Both the notice of motion filed on 7 August 2023, and the amended notice of motion filed on 22 September 2023 are otherwise dismissed.

(3) The plaintiff is to pay the defendants’ costs of the notice of motion and the amended notice of motion including counsel’s fees.

(4) Any application by the defendants for any gross sum or specified costs order should be made by filing, serving and providing to Chambers by email affidavit(s) and written submissions of no more than 3 pages in length on or before 6 December 2023.

(5) Any submissions in reply to any such costs application of not more than 3 pages in length must be filed, served and provided to Chambers by email on or before 13 December 2023.

Catchwords:

CIVIL PROCEDURE – application for review of decision of Common Law Registrar – gross sum costs order – large quantity of irrelevant affidavit material filed and served by the plaintiff – all of plaintiff’s affidavit material irrelevant – true issue articulated only in answer to question of the Court at the hearing on 23 October 2023 – Registrar’s reasons fail to overtly deal with costs expert evidence relied upon by the plaintiff – costs expert evidence of no utility, relevance or weight – no basis for setting aside the decision of the Registrar – Registrar’s decision confirmed

Legislation Cited:

Legal Profession Uniform Law Application Act 2014 (NSW)

Supreme Court Act 1970 (NSW)

Uniform Civil Procedure Rules 2005 (NSW)

Cases Cited:

Al-Shennag v Statewide Roads Pty Limited [2009] NSWSC 210

Auspine Limited v Australian Newsprint Mills Limited (1999) 93 FCR 1; [1999] FCA 673

Lawrence v Sammut (No 4) [2022] NSWSC 1033

Penson v Titan National Pty Limited (No. 3) [2015] NSWCA 121

Sebie v Krejci (No 3) [2023] NSWCA 221

Wily re LED (South Coast) Pty Ltd (2009) 76 NSWLR 428; [2009] NSWSC 946

Category:Procedural rulings
Parties: Wayne James Lawrence (Plaintiff) (Self-represented)
Alice Alexandria Sammut (Defendant)
Representation:

Counsel:
A Spencer (Defendant)

Solicitors:
McLean & Associates (Defendant)
File Number(s): 2021/00057931
Publication restriction: Nil

JUDGMENT

  1. Amongst other obtuse and irrelevant relief sought in Mr Lawrence’s amended notice of motion filed on 22 September 2023, is an application for review of the decision of the Common Law Registrar dated 10 July 2023. That decision ordered that Mr Lawrence pay the defendants’ costs of the proceedings on a gross sum basis in the amount of $115,000.00 including disbursements.

  2. There is no purpose in my referring to the other forms of relief claimed in the amended notice of motion (or the initiating notice of motion filed on 7 August 2023) other than to note that they were…

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AGLC
Lawrence v Sammut (No. 5) [2023] NSWSC 1476
Case
[2023] NSWSC 1476
Decision Date

CaseChat Overview and Summary

The case of Lawrence v Sammut (No. 5) involved a review application by the plaintiff against a decision made by the Common Law Registrar regarding a gross sum costs order. The plaintiff, Mr Lawrence, contested the costs order issued by the Registrar, arguing that it was excessive and unjust. The defendant, Ms Sammut, opposed the application for review and sought to confirm the Registrar's decision. The matter was heard by a judge who had to determine whether the Registrar's decision should be set aside or upheld.

The primary legal issue before the court was whether the costs order made by the Registrar was appropriate and whether the plaintiff's extensive filing of irrelevant affidavit material warranted a review of the costs decision. The court also had to consider the relevance and utility of the plaintiff's costs expert evidence. The plaintiff argued that the costs order was excessive and disproportionate, while the defendant maintained that the order was fair and that the plaintiff's conduct during the proceedings had inflated the costs.

The court found that the plaintiff had filed a large quantity of irrelevant affidavit material, which was not pertinent to the true issue at hand. The true issue was only articulated by the plaintiff in response to a question from the court during the hearing on 23 October 2023. The court also noted that the Registrar's reasons for the costs order did not overtly address the costs expert evidence provided by the plaintiff, which was deemed to be of no utility, relevance, or weight. The court concluded that there was no basis for setting aside the decision of the Registrar, as the plaintiff had not demonstrated any error or irregularity in the costs assessment process. The court therefore confirmed the Registrar's decision, finding it to be just and appropriate.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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