Eco-Pact Pty Ltd v Law Society of NSW (No 2) [2023] NSWSC 410

Supreme Court New South Wales

Medium Neutral Citation: Eco-Pact Pty Ltd v Law Society of NSW (No 2) [2023] NSWSC 410 Hearing dates: On the papers Date of orders: 21 April 2023 Decision date: 21 April 2023 Jurisdiction: Common Law Before: Griffiths AJ Decision: Order 1 dated 29 March 2023 be varied such that the plaintiff is to pay the defendant's costs as agreed or assessed, including the costs of the notice of motion filed on 15 October 2021 and the costs in finalising the orders as to costs. Catchwords: COSTS – Appeal against unsuccessful claim on Fidelity Fund – Where generally no costs order is to be made – Where plaintiff entirely failed in its appeal – Illegal transaction – In the interests of justice to make costs order Legislation Cited: Corporations Act 2001 (Cth) Legal Profession Uniform Law (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Di Simone v Legal Services Board [2017] VSC 644 Eco-Pact Pty Ltd v Law Society of NSW [2023] NSWSC 283 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 The Solicitor's Trust v Oxenbould [2013] 22 Tas R 235; [2013] TASFC 2 Wang v Council of the Law Society of New South Wales [2009] NSWSC 67 Wang v Law Society of New South Wales (No 2) [2022] NSWSC 1720 Category: Costs Parties: Eco-Pact Pty Ltd (Plaintiff) Law Society of NSW (Defendant) Representation: Counsel: P Barham (Plaintiff) T Prince (Defendant)