NSW Caselaw
New South Wales Court of Appeal
CITATION: Rickard Constructions Pty Ltd v Rickard Hails Moretti Pty Ltd & Ors; Allianz Australia Insurance Limited v SST Consulting Pty Ltd & Ors; Jeffery & Katauskas Pty Ltd v SST Consulting Pty Ltd & Ors; Rickard Hails Moretti Pty Ltd v SST Consulting Pty Ltd & Ors [2008] NSWCA 283
HEARING DATE(S): 30 and 31 October 2008
JUDGMENT DATE: 19 December 2008
JUDGMENT OF: Giles JA at 1; Tobias JA at 2; Gyles AJA at 3
1. That leave be granted to Allianz to file an amended notice of appeal in the terms of the draft provided. DECISION: 2. That leave to appeal be granted in each matter. 3. That all appeals be dismissed with costs. 4. That all motions be dismissed with costs.
CATCHWORDS: COSTS - costs orders against non-parties - whether abuse of process by non-parties warranting order - whether non-party with commercial interest in litigation commits abuse of process by funding and/or controlling litigation brought by insolvent plaintiff without indemnifying plaintiff against adverse costs orders - whether non-party commits abuse of process by funding and assisting insolvent plaintiff to sue on ineffectively assigned causes of action - whether non-exposure of non-party to costs orders brings administration of justice into disrepute - whether security for costs regime sufficient answer to abuse of process claims - whether proceedings hopeless rendering their conduct an abuse of process - whether unreasonable refusal of Calderbank offer constituting abuse of process - whether conduct of proceedings for purpose of obtaining higher settlement sum is abuse of process – position of directors of corporate third parties - PRACTICE AND PROCEDURE - orders against third parties - costs - WORDS AND PHRASES – "abuse of process"
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate