Stanizzo v Fregnan

[2021] NSWCA 135

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Stanizzo v Fregnan [2021] NSWCA 135

Hearing dates:

21 June 2021

Decision date:

02 July 2021

Before:

Meagher JA; Simpson AJA

Decision:

(1)      Dismiss the summons seeking leave to appeal filed 22 December 2020.

(2)      Note that no order is made as to the costs of that summons in favour of the respondent because the respondent was self-represented.

(3)      Dismiss the respondent’s notice of motion filed 15 February 2021.

(4)      Note that no order is made as to the costs of that motion, with the intent that each party bear their own costs.

Catchwords:

APPEALS – leave to appeal – costs assessment – where alleged that lawyers acting for party with benefit of costs order did so pro bono – whether costs assessment applicant liable to pay lawyers’ costs – no question of principle

Legislation Cited:

Legal Profession Uniform Law Application Act 2014 (NSW), ss 76(1), 83, 85(2), 85(3), 88(1), 89

Supreme Court Act 1970 (NSW), s 101(2)(q).

Category:

Principal judgment

Parties:

Vincent Francis Stanizzo (Applicant)
Karina Vivianna Fregnan (Respondent)

Representation:

Counsel:
M Rollinson (Applicant)
Respondent self-represented

Solicitors:
Applicant self-represented
Respondent self-represented

File Number(s):

2020/306309

Publication restriction:

Nil

 Decision under appeal 

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Common Law

Citation:

[2020] NSWSC 1296

Date of Decision:

23 September 2020

Before:

N Adams J

File Number(s):

2019/320592

Judgment

1. THE COURT: The applicant (Mr Stanizzo) seeks leave to appeal from the primary judge’s order dismissing his appeal from a decision of the costs assessment review panel under s 89 of the Legal Profession Uniform Law Application Act 2014 (NSW): Stanizzo v Fregnan [2020] NSWSC 1296. As those proceedings were with respect to the assessment of costs, leave is required to appeal to this Court: Supreme Court Act 1970 (NSW), s 101(2)(q).

2. The costs assessment was of costs ordered to be paid by Mr Stanizzo in proceedings between the parties in this Court: Fregnan v Stanizzo [2016] NSWCA 264. Those orders were that Mr Stanizzo pay, on an indemnity basis, Ms Fregnan’s costs of a notice of motion filed in the underlying District Court proceedings in October 2015 and that he also pay her costs of the proceedings in this Court, assessed on the ordinary basis.

3. There follows a brief summary of the costs assessment as it has proceeded to this Court. Ms Fregnan claimed costs totalling $212,527. She did not provide a copy of her bill of costs to Mr Stanizzo before making her application for the assessment. The assessor determined the costs plus interest (and including a filing fee) at $48,622 and the costs of the assessment at $6,264. The latter were to be paid as to one third by Mr Stanizzo and as to two thirds by Ms Fregnan. In his reasons the costs assessor recorded that Ms Fregnan was represented in the District Court proceedings by a solicitor, Mr Paul Donnelly, who ceased to act towards the end of those proceedings…