Sorridimi v Moros & Anor [2004] NSWCA 168

Sorridimi v Moros & Anor [2004] NSWCA 168

Because the District Court dismissed the claimant's s 198M application before counsel had an opportunity to advise the judge that the claimant wished to file a notice of motion and supporting affidavit, there was a failure of natural justice. The order refusing the application should therefore be set aside and the matter remitted to the District Court for hearing according to law.

Jurisdiction
Australia
Judgment Date
28 May 2004
Procedural Posture
Application for Leave to Appeal and Appeal Against District Court Refusal of an Application for a Costs Order Against a Legal Practitioner Under S 198 M of the Legal Profession Act 1987 (nsw) / New South Wales Court of Appeal
Outcome
Leave to appeal granted; appeal upheld; District Court order set aside; matter remitted to the District Court; costs of the hearing to be costs in the cause.
Legal Topics
['natural Justice' 'costs Order Against Legal Practitioner' 'remittal to District Court' 'leave to Appeal']
['practice and Procedure' 'costs' 'legal Profession'] ['natural Justice' 'costs Order Against Legal Practitioner' 'remittal to District Court' 'leave to Appeal']

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Procedural Posture

Application for Leave to Appeal and Appeal Against District Court Refusal of an Application for a Costs Order Against a Legal Practitioner Under S 198 M of the Legal Profession Act 1987 (nsw) / New South Wales Court of Appeal

Legal Issues

  1. 1 ['Whether the District Court Judge denied natural justice by dismissing the application under s 198M of the Legal Profession Act 1987 (NSW) without hearing material in support of the application.' 'Whether the order refusing the application should be set aside and the matter remitted to the District Court.' 'Whether the Court of Appeal should identify the material on which the second opponent would rely in resisting the remitted application.']

Ratio Decidendi

Because the District Court dismissed the claimant's s 198M application before counsel had an opportunity to advise the judge that the claimant wished to file a notice of motion and supporting affidavit, there was a failure of natural justice. The order refusing the application should therefore be set aside and the matter remitted to the District Court for hearing according to law.

Court Disposition

Leave to appeal granted; appeal upheld; District Court order set aside; matter remitted to the District Court; costs of the hearing to be costs in the cause.

Orders

  • ['Leave to appeal be granted.' 'The appeal be upheld.' "The order made by Herron ADCJ refusing the appellant's application that costs be paid by the second opponent's solicitors (under s 198M of the Legal Profession Act 1987 (NSW)) be set aside." 'The matter be remitted to the District Court for hearing according to...