Riva NSW Pty Limited v Mark A Fraser; Fraser v Riva (NSW) (No. 2) [2020] NSWSC 1162

Supreme Court New South Wales

Medium Neutral Citation: Riva NSW Pty Limited v Mark A Fraser; Fraser v Riva (NSW) (No. 2) [2020] NSWSC 1162 Hearing dates: 11 October, 30 October, 26 November 2019, 11 February and 6 March 2020; submissions in chambers 6 April 2020. Date of orders: 31 August 2020 Decision date: 31 August 2020 Jurisdiction: Equity Before: Slattery J Decision: Orders of 11 February 2020 varied. Directions made for the future conduct of the proceedings. Catchwords: CIVIL PROCEDURE – Costs – proceedings brought between solicitors and their former client – proceedings concluded and costs orders made – applications made for indemnity costs and for specified gross sum costs orders – on those applications, in February 2020, the Court made orders for the production of the originals of certain costs agreements said to have been made between the solicitors and the former client – solicitors seek to vacate the orders – whether the February 2020 orders should be vacated or whether the documents should be produced in conformity with the existing orders. Legislation Cited: Civil Procedure Act 2005, ss 56, 61(1), 61(2)(c), 98(4), 98(4)(c) Evidence Act 1995, ss 144, 144(4), 166 Legal Profession Uniform Conduct (Barristers) Rules 2015, rr 54, 65 Legal Profession Uniform Law NSW, Part 4.3, ss 170(1), 170(2) Uniform Civil Procedure Rules 2005, rr 14.28(1)(b), 18.2, 23.8, 36.15(1) Cases Cited: Cohen v Morgans [2019] NSWSC 608 Jones v Tobin (2002) 71 ALD 629 McGuirk v University of New South Wales [2010) NSWCA 104 Miltonbrook Pty Ltd v Westbury Holdings Kiama Pty Ltd (2008) 71 NSW LR 262 Re JRL; Ex Parte CJL (1986) 161 CLR 342 Riva NSW Pty Limited v Mark A Fraser; Fraser v Riva (NSW) [2014] NSWCA 454 Riva NSW Pty Limited v Mark A Fraser; Fraser v Riva (NSW) [2018] NSWCA 53 Riva NSW Pty Limited v Mark A Fraser; Fraser v Riva (NSW) [2018] NSWCA 186 Riva NSW Pty Limited v Mark A Fraser; Fraser v Riva (NSW) [2019] NSWSC 1310 Category: Consequential orders Parties: In proceedings 2017/166645: First Plaintiff: Mark Fraser Second Plaintiff: Christopher Clancy trading as Fraser Clancy Lawyers First Defendant: Riva (NSW) Pty Ltd ACN 113881815