Sedrak v Starr (No 2)

Case [2010] NSWCA 298

New South Wales


Court of Appeal


CITATION: Sedrak v Starr (No 2) [2010] NSWCA 298
HEARING DATE(S): On the papers
 
JUDGMENT DATE: 
10 November 2010
JUDGMENT OF: Beazley JA at 1; Campbell JA at 1; Sackville AJA at 1
DECISION: 1. Disallow as between Mr Santisi, junior counsel for the appellant, and the appellant the costs of preparing:
(a) the Amended Appellant’s Written Submissions dated 25 May 2010, and any earlier version thereof;
(b) the appellant’s Statement as to Challenges to Findings and Findings Contended For dated 25 May 2010 and any earlier versions thereof; and
(c) the appellant’s Written Submissions in Reply dated 30 August 2010 and any earlier version thereof.
2. Disallow as between JN Legal, solicitors for the appellant and Mr Santisi, junior counsel for the appellant, on the one hand, and the appellant on the other, the costs of preparing any more than one version of the Blue and Black appeal books, being a version containing no documents other than those required to enable the Court to address the arguments ultimately put by senior counsel on behalf of the appellant.
LEGISLATION CITED: Civil Procedure Act 2005
CATEGORY: Consequential orders
CASES CITED: Bull v Lee (No 2) [2009] NSWCA 215
FILE NUMBER(S): CA 2009/298578
COUNSEL: Mr R Harper SC with Mr F Santisi for the Appellant
Mr J Gormly QC with Mr D Shoebridge for the Respondent
SOLICITORS: JN Legal Solicitors & Attorneys (Appellant)
Woods & Day Solicitors (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 5407/2008
LOWER COURT JUDICIAL OFFICER: Gzell J
LOWER COURT DATE OF DECISION: 18 September 2009; 5 November 2009; 6 November 2009
LOWER COURT MEDIUM NEUTRAL CITATION: Magred Sedrak v Gavin Mark Starr [2009] NSWSC 996; Magred Sedrak v Gavin Mark Starr [2009] NSWSC 1178; Magred Sedrak v Gavin Mark Starr [2009] NSWSC 1193


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                          CA 2009/298578

                          BEAZLEY JA
                          CAMPBELL JA
                          SACKVILLE AJA

                          10 November 2010
SEDRAK v STARR (No 2)
Judgment

: At the hearing of this matter on 1 September 2010, the Court directed Mr F Santisi, junior counsel for the appellant, and his instructing solicitor, Mr J Nicopolous of JN Legal, to file any affidavits and written submissions upon which each wished to rely in response to the following matters:


      (1) Whether costs have been incurred by the appellant in the circumstances identified in s 99(1)(a) or (b) of the Civil Procedure Act 2005 (“ CP Act ”) and, in particular, whether such costs have been incurred by reason of the preparation by junior counsel or the solicitors representing the appellant of:
        the appellant’s amended written submissions, dated 25 May 2010 (or any earlier version thereof);
        the appellant’s statement as to challenges to findings and findings contended for, dated 25 May 2010 (or any earlier version thereof);
        the appellant’s written submissions in reply dated 30 August 2010; and
        the preparation of several versions of Blue and Black Appeal books.


      (2) If so, whether orders should be made pursuant to…

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AGLC
Sedrak v Starr (No 2) [2010] NSWCA 298
Case
[2010] NSWCA 298
Decision Date

CaseChat Overview and Summary

The appeal concerned the costs awarded in a proceeding between Sedrak and Starr. The Court of Appeal of New South Wales was required to determine whether certain costs incurred by the appellant should be disallowed. Specifically, the court considered the costs associated with preparing particular written submissions and appeal books.

The primary legal issues before the court were whether the costs of preparing the Amended Appellant’s Written Submissions, the appellant’s Statement as to Challenges to Findings and Findings Contended For, and the appellant’s Written Submissions in Reply should be disallowed. Additionally, the court had to determine whether the costs of preparing more than one version of the appeal books should be disallowed, limiting them to a version containing only documents necessary for the arguments ultimately advanced by senior counsel.

The court disallowed the costs of preparing the specified written submissions as between the appellant and his junior counsel, Mr Santisi, and also as between the appellant and his solicitors, JN Legal, on the one hand, and Mr Santisi on the other. Furthermore, the court disallowed the costs of preparing more than one version of the appeal books, stipulating that only a version containing documents essential for the arguments ultimately presented by senior counsel was to be allowed.

Orders

Orders of the court

1. Disallow as between Mr Santisi, junior counsel for the appellant, and the appellant the costs of preparing:

(a) the Amended Appellant’s Written Submissions dated 25 May 2010, and any earlier version thereof;

(b) the appellant’s Statement as to Challenges to Findings and Findings Contended For dated 25 May 2010 and any earlier versions thereof; and

(c) the appellant’s Written Submissions in Reply dated 30 August 2010 and any earlier version thereof.

2. Disallow as between JN Legal, solicitors for the appellant and Mr Santisi, junior counsel for the appellant, on the one hand, and the appellant on the other, the costs of preparing any more than one version of the Blue and Black appeal books, being a version containing no documents other than those required to enable the Court to address the arguments ultimately put by senior counsel on behalf of the appellant.

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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