Sorridimi v Moros

The appeal concerned an application made in the District Court of New South Wales by the appellant, Sorridimi, for a costs order against the solicitors for the second opponent, Moros, pursuant to section 198M of the *Legal Profession Act 1987* (NSW). The District Court Judge dismissed this application without hearing the material in support of it. Sorridimi appealed this decision to the Court of Appeal.

The primary legal issue before the Court of Appeal was whether the District Court Judge's failure to hear the material in support of the application for a costs order constituted a denial of natural justice. Consequently, the court was required to determine whether the matter should be remitted back to the District Court for a proper hearing.

The Court of Appeal found that the District Court Judge had erred by refusing to consider the evidence presented in support of the application for costs. This failure to afford the appellant an opportunity to present its case amounted to a breach of natural justice. Accordingly, the court upheld the appeal, set aside the order refusing the application, and remitted the matter to the District Court for a hearing conducted in accordance with the law. Leave to appeal was granted, and the costs of the appeal hearing were made costs in the cause.