Riva NSW Pty Limited v Mark A. Fraser t/a as Fraser Clancy Layers; Fraser v Riva (NSW) Pty Ltd (No. 5) [2024] NSWSC 488

Supreme Court New South Wales

Medium Neutral Citation: Riva NSW Pty Limited v Mark A. Fraser t/a as Fraser Clancy Layers; Fraser v Riva (NSW) Pty Ltd (No. 5) [2024] NSWSC 488 Hearing dates: 2 March, 27 April, 29 August, 8 September, and 16 October 2023 Date of orders: 1 May 2024 Decision date: 01 May 2024 Jurisdiction: Equity Before: Slattery J Decision: Limited cost orders made in favour of Riva in respect of the inactive phase of the proceedings. Of the court's own motion both parties are given notice to show cause at a short oral hearing as to why the Court should not make an order under Uniform Civil Procedure Rules r 46.4 specifying that neither party may claim from the other more than $10,000 in legal costs in respect of any legal work done between now and the conclusion of the proceedings. Catchwords: COSTS - two long-running proceedings between solicitors and a former client – the "active" (in which the substantive issues were argued) phase of the two proceedings concluded many years ago – the active phase concluded with orders for costs against the solicitors on the ordinary basis – since then the Court has considered issues in relation to costs, including whether indemnity costs are payable by the former client, whether the recovery of costs by the solicitors is precluded by reason of the operation of the principles in Bell Lawyers Pty Ltd v Pentelow , and whether the solicitors could prove the costs owing to them on the materials provided – these issues determined in a judgment given in November 2022 – the solicitors had considerable success in the November 2022 judgement – but the solicitors had presented and organised their case in the most haphazard, prolix, repetitive fashion – what is the appropriate costs order in respect of the inactive phase of the proceedings – what other directions should be made. Legislation Cited: Civil Procedure Act 2005, ss 56, 60, 98(4)(c), Division 6 Uniform Civil Procedure Rules 2005, r 42.4 Cases Cited: Bell Lawyers Pty Ltd v Pentelow (2019) 372 ALR 555 Delta Electricity v Blue Mountains Conservation Society Inc [2010] NSWCA 263 Nudd v Mannix [2009] NSWCA 327 Re Sherborne Estate (No. 2) (2005) 65 NSWLR 268 Riva NSW Pty Ltd v Mark A Fraser; Fraser v Riva (NSW) Pty Ltd [2019] NSWSC 1310 Riva NSW Pty Ltd v Mark A Fraser (No. 2) [2020] NSWSC 1162 Riva NSW Pty Ltd v Mark A Fraser (No. 3) [2020] NSWSC 1472 Riva NSW Pty Ltd v Mark A Fraser (No. 4) [2022] NSWSC 1624 Category: Costs Parties: Riva NSW Pty Limited Mark A. Fraser trading as Fraser Clancy Lawyers Representation: Counsel: Plaintiff: Ms M. Castle Defendant: Mr P. Barham