Lewis v Martinez as representative of the partners t/as HWL Ebsworth Lawyers (No. 2) [2022] NSWSC 133

Supreme Court New South Wales

Medium Neutral Citation: Lewis v Martinez as representative of the partners t/as HWL Ebsworth Lawyers (No. 2) [2022] NSWSC 133 Hearing dates: 12 November 2021 Date of orders: 21 February 2022 Decision date: 21 February 2022 Jurisdiction: Equity Before: Slattery J Decision: Order that the costs of the plaintiff's motion dated 24 February 2021 shall be each party's costs in the proceedings. The plaintiff is ordered to pay the costs thrown away by the filing of the Amended Statement of Claim. Catchwords: COSTS – contest early in proceedings about pleadings and the joinder of parties – plaintiff brings proceedings by Statement of Claim against former co-partners in a partnership of lawyers – plaintiff joins a single defendant and not all the partners and by motion seeks orders to nominate that defendant as a representative of the other partners – Court declines to make the representative orders sought on the motion and requires the plaintiff to file an Amended Statement of Claim joining all partners as defendants – defendant raises other issues with respect to the sufficiency of the pleading in the proposed Amended Statement of Claim – short separate later hearing in respect of the pleading issues – what costs order should be made in the circumstances. Texts Cited: Baltic Shipping Company v Dillon "Mikhail Lermontov" (1991) 22 NSWLR 1; (1991) ASC 56-039 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Ltd (1988) 81 ALR 397; [1988] FCA 364 Harrison v Schipp [2001] NSWCA 13 Lewis v Martinez as representative of the partners t/as HWL Ebsworth Lawyers [2021] NSWSC 1303 Oshlack v Richmond River Council (1998) 193 CLR 72; (1998) 152 ALR 83; [1998] HCA 11 Category: Costs Parties: Plaintiff: Gregory William Francis Lewis Defendant: Juan Martinez as representative of the partners t/as HWL Ebsworth Lawyers Representation: Counsel: Plaintiff: F.M. Douglas QC, J.K. Carter, J.B. Douglas Defendant: M.R. Elliot SC, Mr K. Petch