Wood v Inglis [2010] NSWSC 749

New South Wales Supreme Court

CITATION : Wood v Inglis [2010] NSWSC 749

HEARING DATE(S) : 4 March 2010 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 4 March 2010

DECISION : Second and fourth cross-defendants to pay costs of cross-claimant in respect of notice of motion filed 16 July 2008. Interest at the rate of 7.5 per cent to be payable on that proportion of each amount of costs and disbursements which the costs creditor has paid or was liable to pay as between practitioner and client.

CATCHWORDS : PROCEDURE – Costs – Whether costs should be borne by company where its solicitor acted without proper retainer – Held: costs should be borne by the directors or purported directors of the company who had set in motion the retainer of the solicitor – interest on costs – Held: Interest to be payable at the rate of 7.5 per cent per annum on any amount payable under the costs order until the costs debtor has paid the amount due to the costs creditor.

(NSW) Civil Procedure Act 2005, s 101 LEGISLATION CITED : (NSW) Uniform Civil Procedure Rules 2005 r 42.3.2 (NSW) Supreme Court Act 1970, s 76, s 95

CATEGORY : Consequential orders

Abigroup v Peninsular (No 2) (2001) NSWSC 1016 Drummond and Rose Pty Ltd v Easey & ors [No 2] [2009] NSWCA 331 CASES CITED : Hexiva Pty Ltd v Lederer (Costs) [2006] NSWSC 1259 Joseph Lahoud & Anor v Victor Lahoud & Ors [2006] NSWSC 126 Sanum-Kehlbeck GMBH & Co KG v Sanum Australia Pty Ltd [2009] NSWSC 690 Wood v Inglis (Costs) [2009] NSWSC 900

First Cross Claim: Helen Margaret Inglis (cross-claimant) Inglis Research Trust P/L (first cross-defendant) PARTIES : Kathryn Margaret Clark (second cross-defendant) Michael William Inglis (third cross-defendant) Pamela Ruth Wood (fourth cross-defendant) Fiona Jane Narlini Inglis (fifth cross-defendant) William Keith Inglis (sixth cross-defendant)