NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Dyce v David Landa Stewart Pty Ltd (No 2) [2021] NSWSC 701 Hearing dates: On the papers Decision date: 16 June 2021 Jurisdiction: Common Law Before: Adamson J Decision: Confirm order (5) made on 25 May 2021, namely that the defendant is to pay the first plaintiff's costs of the proceedings up to and including 25 September 2020. Catchwords: COSTS — Where solicitor activated an enduring power of attorney on behalf of former client who had since become incompetent — Whether solicitor ought be entitled to costs in respect of abandoned claim Cases Cited: Dyce v David Landa Stewart Pty Ltd [2021] NSWSC 590 Hawkins v Clayton (1988) 164 CLR 539; [1988] HCA 15 Spellson v George (1987) 11 NSWLR 300 Category: Costs Parties: Peter Dyce (First Plaintiff) PL Dyce Pty Ltd (ACN 000 261 807) (Second Plaintiff) Marion Lewis Pty Ltd (ACN 000 050 779) (Third Plaintiff) Loch Ness Real Estate Pty Ltd (ACN 004 247 125) (Fourth Plaintiff) Lidcombe Investments Pty Ltd (ACN 000 622 211) (Fifth Plaintiff) Richmond Export Pty Ltd (ACN 000 068 682) (Sixth Plaintiff) Ivan Dyce Pty Ltd (ACN 000 200 555) (Seventh Plaintiff) David Landa Stewart Pty Ltd (ABN 26 166 455 778) (Defendant) Representation: Counsel: C Harris SC / H Altan (Plaintiffs) J Armfield (Defendant)
Solicitors: HWL Ebsworth Lawyers (Plaintiffs) Bartier Perry Lawyers (Defendant) File Number(s): 2020/12175
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