Stanizzo v Fregnan

Solicitors: V F Stanizzo (Plaintiff) File Number(s): 2018/14418

Judgment

1. By summons filed on 15 January 2018 Vincent Stanizzo (the plaintiff) sought orders against Karina Fregnan (the defendant), including a declaration that the operation of certificates of determination of party/party costs issued on 8 November 2017 by the Manager, Costs Assessment was suspended by the operation of s 86 of the Legal Profession Uniform Law Application Act 2014 (NSW) by reason of an application for review filed by the plaintiff on 5 December 2017. The plaintiff also sought a stay of the enforcement of the judgment entered as a result of the filing of the certificates of determination and an order setting aside the garnishee order made on the defendant's application until other proceedings (referred to in more detail below) were finally disposed of.
2. The summons came before Latham J as Duty Judge on 8 March 2018. The plaintiff was represented by Mr Waterstreet and Mr Rollinson and the defendant was represented by Mr Kumar. Following the hearing, her Honour made orders in terms of paragraphs 1 to 4 of the summons, as well as a costs order, as follows: "1. A Declaration that the operation of the Certificates of Determination of Party/ Party Costs issued on 8 November 2017 by the Manager, Costs Assessment in Assessment No. 2017/106414 ('the Determinations'), is suspended by operation of s. 86, Legal Profession Uniform Law Application Act 2014 (NSW), by virtue of the Application made and filed on 5 December 2017 by the Plaintiff for Review of the Determinations by a Costs Review Panel. A copy of such for Review of the Determinations by a Costs Review Panel. A copy of such Application being served on the Defendant Fregnan on 30 November 2017. 2. An order staying the enforcement of the judgment that has been recorded (on date not presently known to the Plaintiff) by the filing by the Defendant (Fregnan) of the Certificates of the Determinations, in proceedings No. 2017/00356450 in the Local Court at Sydney ('the Costs Judgment'). 3. An order setting aside the garnishee order that has been issued (on date not presently known to the Plaintiff) to the Commonwealth Bank of Australia, on the application of Fregnan, in respect of the Costs Judgment. 4. An order staying the enforcement of the Determinations and of the Costs Judgment and garnishee order until the proceedings between the parties in this Court, No. 2012/129649, Fregnan v Stanizzo, are finally disposed of ('Principal Proceedings'). 5. Costs on the Summons are to be costs in the cause."