Ferella v Stomo [2017] NSWDC 34

Ferella v Stomo [2017] NSWDC 34

The correct legislative framework for costs assessment and appeal for proceedings commenced before 1 July 2015 is the repealed Legal Profession Act 2004 (NSW), and the challenge to the applicability of that legislation cannot succeed as the issue was not raised before the Review Panel, nor was it capable of amounting to an error of law under either statutory scheme.

Parties
First Plaintiff: Angelo Ferella; Second Plaintiff: Gustavo Ferella; Third Plaintiff: Riva NSW Pty Ltd; Defendant: Chris Stomo
Jurisdiction
Australia
Judgment Date
07 March 2017
Procedural Posture
Civil Appeal (costs Assessment) / Principal Judgment
Outcome
Appeal dismissed; summons dismissed; costs reserved; liberty to apply in relation to costs.
Legal Topics
Transitional Provisions, Retrospective Application of Statutes, Costs Appeal, Application of Repealed Legislation
Costs Statutory Interpretation Transitional Provisions Retrospective Application of Statutes Costs Appeal Application of Repealed Legislation

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Parties

Angelo Ferella

First Plaintiff

Gustavo Ferella

Second Plaintiff

Riva NSW Pty Ltd

Third Plaintiff

Chris Stomo

Defendant

Procedural Posture

Civil Appeal (costs Assessment) / Principal Judgment

Legal Issues

  1. 1 Whether the Legal Profession Act 2004 (NSW) or the Legal Profession Uniform Law Application Act 2014 (NSW) applies to costs assessments and appeals for proceedings commenced prior to 1 July 2015.
  2. 2 Whether failure to raise the issue of applicable legislation during the costs assessment process amounts to an error of law.

Ratio Decidendi

The correct legislative framework for costs assessment and appeal for proceedings commenced before 1 July 2015 is the repealed Legal Profession Act 2004 (NSW), and the challenge to the applicability of that legislation cannot succeed as the issue was not raised before the Review Panel, nor was it capable of amounting to an error of law under either statutory scheme.

Court Disposition

Appeal dismissed; summons dismissed; costs reserved; liberty to apply in relation to costs.

Orders

  • Summons dismissed.
  • Costs reserved.