Christopher John Riley v Bankstown City Council & Anor [2005] NSWSC 748

NSW Caselaw

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New South Wales Supreme Court

CITATION : Christopher John Riley v Bankstown City Council & Anor [2005] NSWSC 748

HEARING DATE(S) : 25 March 2004

JUDGMENT DATE : 28 July 2005

JUDGMENT OF : Hidden J

DECISION : Motions dismissed.

CATCHWORDS : PRACTICE AND PROCEDURE: Costs - plaintiff's claim dismissed for non-appearance - application by defendants for order for costs against plaintiff's solicitor - Legal Profession Act - Pt 52A of Rules - whether claim had a reaonable prospect of success - inaction by solicitor - exercise of discretion.

Supreme Court Rules LEGISLATION CITED : Legal Profession Act 1987 Civil Liability Act 2002

Wyong Shire Council v Shirt (1980) 146 CLR 40 Chappell v Hart (1998) 195 CLR 232 Levick v Commissioner of Taxation (2000) 102 FCR 155 CASES CITED : White Industries (Qld) Pty Ltd v Flower & Hart (1998) 156 ALR 169 Edwards v Edwards [1958] P 235 Cahill v Ekstein & Anor (Smart J, unrep, 5 June 1998) Orchard v South Eastern Electricity Board [1987] 1 QB 565

Christopher John Riley (plaintiff) Bankstown City Council (1st defendant/applicant) PARTIES : Georges River Softball Association Inc (2nd defendant/applicant) Mr R W Gillroy (respondent)

FILE NUMBER(S) : SC 20436/2002

No appearance (plaintiff) Mr T Devaris (1st defendant/applicant) COUNSEL : Ms K Williams (2nd defendant/applicant) Mr D Campbell SC / Mr S Finnane (respondent)

Garrett Walmsley Madgwick Pty Ltd (plaintiff and respondent) Mr J Wright - Bartier Perry (1st defendant/applicant) SOLICITORS : Ms K A Ruschen - Phillips Fox Lawyers (2nd defendant/applicant)

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Document text

New South Wales Supreme Court

CITATION : Christopher John Riley v Bankstown City Council & Anor [2005] NSWSC 748

HEARING DATE(S) : 25 March 2004

JUDGMENT DATE : 28 July 2005

JUDGMENT OF : Hidden J

DECISION : Motions dismissed.

Supreme Court Rules LEGISLATION CITED : Legal Profession Act 1987 Civil Liability Act 2002

Christopher John Riley (plaintiff) Bankstown City Council (1st defendant/applicant) PARTIES : Georges River Softball Association Inc (2nd defendant/applicant) Mr R W Gillroy (respondent)

FILE NUMBER(S) : SC 20436/2002

No appearance (plaintiff) Mr T Devaris (1st defendant/applicant) COUNSEL : Ms K Williams (2nd defendant/applicant) Mr D Campbell SC / Mr S Finnane (respondent)

Garrett Walmsley Madgwick Pty Ltd (plaintiff and respondent) Mr J Wright - Bartier Perry (1st defendant/applicant) SOLICITORS : Ms K A Ruschen - Phillips Fox Lawyers (2nd defendant/applicant)

Read full text →