Jeffery & Katauskas Pty Limited v SST Consulting Pty Ltd [2009] HCA 43

HIGH COURT OF AUSTRALIA

FRENCH CJ

GUMMOW, HAYNE, HEYDON AND CRENNAN JJ

Matter No S167/2009

JEFFERY & KATAUSKAS PTY LIMITED APPELLANT

AND

SST CONSULTING PTY LTD & ORS RESPONDENTS

Matter No S168/2009

JEFFERY & KATAUSKAS PTY LIMITED APPELLANT

AND

RICKARD CONSTRUCTIONS PTY LIMITED

(SUBJECT TO DEED OF COMPANY

ARRANGEMENT) & ORS RESPONDENTS

Jeffery & Katauskas Pty Limited v SST Consulting Pty Ltd

Jeffery & Katauskas Pty Limited v Rickard Constructions Pty Limited

(Subject to deed of company arrangement)

[2009] HCA 43

13 October 2009

S167/2009 & S168/2009

ORDER

Matter No S167/2009

Appeal dismissed with costs.

Matter No S168/2009

Appeal dismissed with costs.

On appeal from the Supreme Court of New South Wales

Representation

D F Jackson QC with J A Steele for the appellant in both matters (instructed by Colin Biggers & Paisley)

B W Walker SC with T G R Parker SC and R E Steele for the respondents in S167/2009 and for the fourth to seventh respondents in S168/2009 (instructed by J Biady & Associates)

No appearance for the first respondent in S168/2009

Submitting appearance for the second and third respondents in S168/2009

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Jeffery & Katauskas Pty Limited v SST Consulting Pty Ltd

Jeffery & Katauskas Pty Limited v Rickard Constructions Pty Limited (subject to a deed of company arrangement)

Practice and procedure – Costs – Order against non-party – Where non-party, for a contingency fee, funded impecunious corporate plaintiff without providing plaintiff with indemnity against adverse costs orders – Whether power of Supreme Court of New South Wales to order costs against non-party enlivened – Whether non-party had committed abuse of process of the court within the meaning of Uniform Civil Procedure Rules 2005 (NSW), r 42.3(2)(c).