Hammond v Stern (No 2) [2013] NSWSC 268

Hammond v Stern (No 2) [2013] NSWSC 268

Section 338 of the Legal Profession Act 2004 does not regulate the costs of proceedings seeking declaratory relief, rather than damages; costs in such proceedings remain within the court's discretion and normally follow the event.

Parties
Plaintiff: Harry Hammond; First Defendant: Terence Leland Stern; Second Defendant: Kevin Pierce
Jurisdiction
Australia
Judgment Date
27 March 2013
Procedural Posture
Civil (costs Application) / Post Judgment (costs Determination)
Outcome
Plaintiff to pay defendant's costs as agreed or assessed.
Legal Topics
Costs, Declaratory Relief
Civil Procedure Costs Declaratory Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Harry Hammond

Plaintiff

Terence Leland Stern

First Defendant

Kevin Pierce

Second Defendant

Procedural Posture

Civil (costs Application) / Post Judgment (costs Determination)

Legal Issues

  1. 1 Whether Division 9 of Part 3.2 of the Legal Profession Act 2004 (including s 338) regulates the costs of proceedings which sought only declaratory relief and not damages.
  2. 2 Whether the proceedings are a claim for personal injury damages for the purposes of s 338 of the Legal Profession Act 2004.

Ratio Decidendi

Section 338 of the Legal Profession Act 2004 does not regulate the costs of proceedings seeking declaratory relief, rather than damages; costs in such proceedings remain within the court's discretion and normally follow the event.

Court Disposition

Plaintiff to pay defendant's costs as agreed or assessed.

Orders

  • The plaintiff is to pay the defendant's costs as agreed or assessed.