Donnelly & anor. v Ross Mining NL [1999] NSWSC 960

New South Wales Supreme Court CITATION : Donnelly & anor. v Ross Mining NL [1999] NSWSC 960 CURRENT JURISDICTION : Common Law Division FILE NUMBER(S) : 11274/99 HEARING DATE(S) : 6/9/99; 9/9/99; 16/9/99 JUDGMENT DATE : 23 September 1999

PARTIES : Andrew Donnelly and David Mundine Ross Mining NL JUDGMENT OF : Sully J

Mr. Oshlack (for Donnelly) COUNSEL : Mr. Mundine (in person) Mr. Skinner (defendant) SOLICITORS : Blake Dawson Waldron (defendant) CATCHWORDS : ACTS CITED : Legal Profession Act 1987 (NSW) CASES CITED : Alister v The Queen [1984] 154 CLR 404 at 414 DECISION : As to Summons filed 26/5/99 - claim for relief in para 1 dismissed; claim for relief in para 2 struck out; appellants to pay costs. As to Notice of Motion filed 5/8/99 - dismissed with costs. As to Amended Summons filed 13/9/99 - dismissed with costs. As to Notice of Motion filed 19/8/99 - struck out with no order as to costs.

SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SULLY J

23 September 1999

11274/.99 - Andrew DONNELLY & David MUNDINE v ROSS MINING NL

JUDGMENT

1 HIS HONOUR: Before the Court are the following applications:

1. An application by way of Summons filed on 26 May 1999.

2. A Notice of Motion filed on 5 August 1999.

3. A Notice of Motion filed on 19 August 1999.

4. An Amended Summons filed on 13 September 1999. 2 In the Summons filed on 26 May 1999 Mr. Andrew Donnelly and Mr. David Mundine, (to whom I shall refer for the sake of convenience as "the appellants"), seek against Ross Mining NL, (to which entity I shall refer for the sake of convenience as "the respondent"), relief expressed as follows: "1. A declaration that the solicitors for the Appellants for the purposes of the Costs assessment had acted with unsatisfactory conduct in breach of section 127(1) of The Legal Professions Act 1985.