NSW Caselaw
New South Wales Supreme Court
CITATION : Morris v Hanley [2003] NSWSC 523 HEARING DATE(S) : 5 and 12 June 2003 JUDGMENT DATE : 12 June 2003 JURISDICTION: Equity JUDGMENT OF : Hamilton J DECISION : Application to make motion for costs against legal practitioners returnable at same time as argument of costs of proceedings inter parties refused.
CATCHWORDS : PROCEDURE [551] - Costs - Jurisdiction - Persons not parties to proceedings - Solicitors for parties - Barristers - Improper conduct - Whether improper conduct could be inferred on material presented. LEGISLATION CITED : Supreme Court Rules 1970 Part 52A rr 43(1) & 43A(1) CASES CITED : Pinebelt Pty Ltd v Bagley [2000] NSWSC 655 Wentworth v Rogers [1999] NSWCA 403 Janine Morris (P) Jack Norman Hanley (D1) Geoffrey Donald Reid (D2) Lynda Maree Cole (D3) Christine Valmae Hayward (D4) PARTIES : Anthony Bodycote (D5) Robyn Janelle Haydon (D6) Daphne Olive Boyd (D7) Beverley Joy Armfield (D8) Gayle Hanley (D9) Cecil Bellchambers (D10) Mariani Holdings Pty Limited (D11) FILE NUMBER(S) : SC 2650/97 COUNSEL : In person (P) P T Taylor (D1-11) SOLICITORS : In person (P) Parker & Kissane (D1-11)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
HAMILTON J
THURSDAY, 12 JUNE 2003
2650/97 JANINE MORRIS v JACK NORMAN HANLEY & ORS JUDGMENT - On leave to file Motion for Orders for Costs against Legal Practitioners 1 HIS HONOUR: This is an application by the plaintiff in these proceedings for leave to file a motion and make it returnable before me on the day to which I have adjourned the argument concerning the costs of these proceedings. That argument is being hard fought, which is not surprising. An estimate has been given that the costs of both sides after the trial exceed $1 million and I should be surprised if that estimate is not true. What is claimed by the motion now sought to be filed and made returnable before me is orders in relation to the costs of the proceedings against four named legal practitioners who have, during the course of the proceedings, acted for the defendants. Those four legal practitioners are:
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