Chapman v Spence [2013] NSWSC 615

Chapman v Spence [2013] NSWSC 615

The writs for levy of property should be stayed pending determination of Defendant's application for extension of time to seek review of cost assessor's determinations, given his unrepresented status and absence during relevant period, and fairness dictates the opportunity for review be preserved.

Parties
Plaintiff: Shaye Chapman; Defendant: Allan Spence
Jurisdiction
Australia
Judgment Date
21 May 2013
Procedural Posture
Interlocutory Application / Ruling on Stay of Enforcement Pending Determination of Application for Extension of Time for Review of Cost Assessor's Determinations
Outcome
Writs for levy of property stayed pending determination of application for extension of time; Defendant to pay costs of the Motions.
Legal Topics
Stay of Enforcement, Judgments and Orders, Cost Assessment, Extension of Time
Civil Procedure Stay of Enforcement Judgments and Orders Cost Assessment Extension of Time

Case Brief

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Parties

Shaye Chapman

Plaintiff

Allan Spence

Defendant

Procedural Posture

Interlocutory Application / Ruling on Stay of Enforcement Pending Determination of Application for Extension of Time for Review of Cost Assessor's Determinations

Legal Issues

  1. 1 Whether writs for levy of property enforcing judgments should be stayed pending determination of application for extension of time to review costs assessments
  2. 2 Whether defendant is entitled to extension of time for review under Legal Profession Act 2004

Ratio Decidendi

The writs for levy of property should be stayed pending determination of Defendant's application for extension of time to seek review of cost assessor's determinations, given his unrepresented status and absence during relevant period, and fairness dictates the opportunity for review be preserved.

Court Disposition

Writs for levy of property stayed pending determination of application for extension of time; Defendant to pay costs of the Motions.

Orders

  • Stay the Writs for Levy of Property issued in both proceedings until determination of Defendant's application for extension of time for review of cost assessor's determinations.
  • Defendant to pay the costs of the Motions.