Montana Wines Ltd v McGirr [2003] NSWLC 19

Local Court of New South Wales

CITATION: Montana Wines Ltd v McGirr [2003] NSWLC 19 JURISDICTION: Civil Montana Wines Ltd PARTIES: Michael James Mc Girr Lane Cove Municipal Council FILE NUMBER: 6911/03; 110815/03 PLACE OF HEARING: Downing Centre DATE OF DECISION: 20/05/2005 MAGISTRATE: Magsitrate B A Lulham CATCHWORDS: Application for Order for costs against Solicitor - commencement of proceedings without reasonable prospects of success - intoxication to extent that person's capacity to exercise reasonable care and skill was impaired - Exercise of discretion - principles to be applied Legal Profession Act (2002) Sec 198 M Civil Liability Act 2002 S 47 LEGISLATION CITED: 48 49 50 Michelle Christopher v Owners Corporation Strata Plan 6276 & Ors Momibo Pty Ltd & Barry Byrne v John Burnett Adams & John Marsden t/as Marsdens Law Group CASES CITED: Degiorgio v Dunn Lemoto v Able Technical Pty Ltd & Ors Ashley James Russell v Mark and Joanne Edwards

McGirr James Hall Associates REPRESENTATION: Mr P.F.T McGirr

McCabe Terrill Solicitors for Third Party Mr M.H.Best Counsel for Third Party ORDERS: 1. In each matter the Motion is dismissed; 2. In each matter each party is to pay its own costs

Reasons for Decision

1 On 6 April 2005 I heard the same Motion in each of these two matters. The Motion sought the following orders; '1. That the defendant's solicitor be ordered to pay and indemnify the third party/cross defendant the whole of the costs payable on the basis that the solicitor has provided legal services to a party without reasonable prospects of success in accordance with s 198M of the Legal Profession Act.