NSW Caselaw
Reported Decision : 221 FLR 241
New South Wales Supreme Court
CITATION : Lemery Holdings Pty Limited v Reliance Financial Services Pty Ltd;School Holdings Pty Ltd v Dayroll Pty Ltd [2008] NSWSC 1114
HEARING DATE(S) : 4 & 26 August 2008, 1, 15, 22 & 29 September 2008
JUDGMENT DATE : 27 October 2008
JUDGMENT OF : Hammerschlag J
DECISION : Legal practitioners instructed by plaintiffs ordered to pay identified legal costs of defendants on an indemnity basis.
CATCHWORDS : PRACTICE AND PROCEDURE – COSTS – Civil Procedure Act 2005 (NSW), ss 56 and 99(1) – where orders of Court and directions not complied with as a consequence of conduct on the part of legal practitioners – whether costs were incurred by serious neglect or serious misconduct on their part within the meaning of s 99(1)(a) of the Civil Procedure Act – duty of barrister and solicitor under s 56(4) of Civil Procedure Act not to cause client to be put in breach of the duty to assist the Court to further the overriding purpose of facilitating the just, quick and cheap resolution of the real issues in the proceedings and to comply with directions and orders of the Court – application of s 99(1) to employed solicitors
Corporations Act 2001 (Cth) Supreme Court Rules 1970 (NSW) Practice Note SC Gen 5 LEGISLATION CITED : Civil Procedure Act 2005 (NSW) Legal Profession Act 2004 (NSW) Uniform Civil Procedure Rules 2005 (NSW) District Court Act 1973 (NSW)
Lemoto v Able Technical Pty Ltd (2005) 63 NSWLR 300 Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 Tyrell v Bank of London (1862) 10 HL Cas 26; 11 ER 934 O'Reilly v Law Society of New South Wales (1988) 24 NSWLR 204 Kendirjian v Ayoub [2008] NSWCA 194 Kendirjian v Ayoub (No 2) [2008] NSWCA 255 CASES CITED : Newmont Yandal Operations Pty Ltd v The J Aron Corporation [2007] NSWCA 195 Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 Whyked Pty Ltd v Yahoo!7 Pty Ltd [2008] NSWSC 477 Wentworth v Rogers [1999] NSWCA 403 Ideal Waterproofing Pty Ltd v Buildcorp Australia Pty Ltd [2006] NSWSC 155 Ridehalgh v Horsefield [1994] Ch 205 Myers v Elman [1940] AC 282 Knaggs v J A Westaway & Sons Pty Ltd (1996) 40 NSWLR 476
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