NSW Caselaw
New South Wales Supreme Court
CITATION : King v Linney (No 3) [2010] NSWSC 902
HEARING DATE(S) : 9 July 2010
JUDGMENT DATE : 13 August 2010
JUDGMENT OF : Harrison J
DECISION : Plaintiff's notice of motion filed 10 June 2010 dismissed with costs.
CATCHWORDS : PRACTICE & PROCEDURE - application by plaintiffs to revisit costs order made following their unsuccessful challenge to retainer of defendants' solicitor – where plaintiffs contend costs order based on misapprehended facts – where original challenge to the retainer was made on assumption that defendants' solicitor had been given confidential information – where assumption false and challenge ill considered – costs order appropriate - application dismissed.
CATEGORY : Procedural and other rulings
Fletcher v Besser [2010] NSWCA 30 JBK Engineering Pty Ltd v Brick and Block Co Pty Ltd [2007] NSWSC 163 CASES CITED : King v Linney (No 2) [2010] NSWSC 342 Metropolitan Petar v Mitrevski [2008] NSWSC 243 Nominal Defendant v Manning [2000] NSWCA 139, (2000) 50 NSWLR 139 Sundarajah v Teachers Federation Health Ltd (No 3) [2010] NSWSC 471
Wendy Gay King (First Plaintiff) PARTIES : Brendan John Murphy (Second Plaintiff) Darren Linney (First Defendant) Tanya Morris (Second Defendant)
FILE NUMBER(S) : SC 2008/289190
COUNSEL : P W Bates (Plaintiffs)
SOLICITORS : Gerard Malouf & Partners (Plaintiffs) Goldsmiths Lawyers (Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HARRISON J
13 August 2010
2008/289190 Wendy Gay King and Brendan John Murphy v Darren Linney and Tanya Morris (No 3)
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