NSW Caselaw
New South Wales Supreme Court
CITATION : Riz & 1 or v Perpetual Trustee Australia Ltd & 4 ors (No 3) [2007] NSWSC 1499
HEARING DATE(S) : 29 November 2007 JURISDICTION : Common Law Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 29 November 2007
DECISION : Judgment given against solicitors. Solicitors to pay plaintiffs' costs except insofar as increased by joinder of successful defendants. Interim stay granted.
CATCHWORDS : COSTS – where plaintiff fails against one defendant on Contracts Review Act claim but succeeds against solicitor for professional negligence – whether solicitor should be liable for costs plaintiff must pay successful defendant
Omar Riz (first plaintiff/first cross defendant) Amal Riz (second plaintiff/second cross defendant) Perpetual Trustee Australia Limited (first defendant/cross claimant) PARTIES : Direct Mortgage Solutions Pty Limited (second defendant) Manuelpillia Paul Dominic (third defendant) Suzy David (fourth defendant) Fred David (fifth defendant)
FILE NUMBER(S) : SC 20591/02
B M Zipser (plaintiffs/cross defendants) COUNSEL : T M Mehigan (first defendant/cross claimant & second defendant) R J H Darke SC (third - fifth defendants)
Legal Aid Commission of NSW (plaintiffs) SOLICITORS : Gadens Lawyers (first defendant/cross claimant & second defendant) Middletons Lawyers (third - fifth defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
BRERETON J
Thursday, 29 November 2007
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