John Murden v Emilio Calandra [2015] NSWSC 424

John Murden v Emilio Calandra [2015] NSWSC 424

Magistrate Pierce had no jurisdiction to set aside the certificates or associated judgment; only specific bodies under the Legal Profession Act may set aside cost assessor's certificates, thus the Local Court's orders must be set aside.

Jurisdiction
Australia
Judgment Date
17 April 2015
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed; judgment and orders below set aside; notice of motion dismissed; costs awarded to appellant; stay of cost orders for 21 days.
Legal Topics
['costs Assessment' 'judicial Power to Set Aside Judgment' 'appeal From Local Court']
['civil Procedure'] ['costs Assessment' 'judicial Power to Set Aside Judgment' 'appeal From Local Court']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ["Did Magistrate Pierce have jurisdiction to set aside the cost assessor's certificates and associated judgment?" "What is the effect of filing a cost assessor's certificate under Legal Profession Act 2004 (NSW)?"]

Ratio Decidendi

Magistrate Pierce had no jurisdiction to set aside the certificates or associated judgment; only specific bodies under the Legal Profession Act may set aside cost assessor's certificates, thus the Local Court's orders must be set aside.

Court Disposition

Appeal allowed; judgment and orders below set aside; notice of motion dismissed; costs awarded to appellant; stay of cost orders for 21 days.

Orders

  • ['The appeal is allowed.' 'The judgment and orders of Magistrate Pierce made on 22 October 2002 in Local Court proceedings 2013/13352 be set aside.' 'The Notice of Motion dated 15 May 2013 and filed in the Local Court proceedings on behalf of Emilio and Jeanelle Calandra be dismissed.' "Emilio and Jeanelle Calandra...