Leon Nikolaidis v Legal Services Commissioner [2007] NSWCA 130 (8 June 2007)

[2007] NSWCA 130

EVIDENCE – expert witness report – rejection of evidence – independent assessment of fair and reasonable costs pursuant to Legal Profession Act 1987 (NSW) – instructions by practitioner to expert regarding assumptions to be made in determining costs – whether Administrative Decisions Tribunal erred in rejecting expert witness report
LEGAL PRACTITIONERS – Legal Profession Act 1987 (NSW) – certificate by Costs Review Panel as to fair and reasonable costs pursuant to Part 11 – determination of professional misconduct pursuant to Part 10 of the Act – s 208KF costs certificate not binding in disciplinary proceedings – costs certificate issued under Part 11 not determinative of what was fair and reasonable for purposes of professional misconduct
LEGAL PRACTITIONERS – Legal Profession Act 1987 (NSW) – professional misconduct pursuant to Part 10 of the Act – whether costs ‘grossly excessive’ is to be determined by evidence and the Administrative Decisions Tribunal may invoke its own professional experience
LEGAL PRACTITIONERS – Legal Profession Act 1987 (NSW) s 208Q – professional misconduct – deliberate charging of grossly excessive amounts of costs – requirement that practitioner personally implicated in either knowingly overcharging or was reckless as to whether or not excessive costs had been charged – whether Administrative Decisions Tribunal erred in finding practitioner guilty of professional misconduct

Evidence Act 1995 (NSW) ss 60, 69, 76, 79, Pt 2 cl 1