Mathew CHAINA & Ors v The Presbyterian Church (NSW) Property Trust & Ors (No 5) [2011] NSWSC 667

Supreme Court New South Wales

Medium Neutral Citation: Mathew CHAINA & Ors v The Presbyterian Church (NSW) Property Trust & Ors (No 5) [2011] NSWSC 667 Hearing dates: 17 June 2011 Decision date: 04 July 2011 Jurisdiction: Common Law Before: HOEBEN J Decision: (1) That the applicants to the motion of 5 April 2011 pay SCL's costs of the motion assessed at $10,000 within 28 days of these orders. (2) That the applicants to the motion of 5 April 2011 pay MTP's costs of the motion, as agreed or assessed. (3) If the costs cannot be agreed within 28 days of the date of this order, MTP has leave to apply for assessment of those costs immediately thereafter. Catchwords: COSTS - motion seeking production of file from former solicitors - entitlement of former solicitors to secure their costs - whether gross sum costs order was appropriate - whether costs should be paid forthwith. Legislation Cited: Legal Profession Act 2004 (NSW) Cases Cited: Atlas Corporation Pty Limited v Farancis Garry Kalyk [2001] NSWCA 10 Mathew Chaina & Ors v The Presbyterian Church (NSW) Property Trust & Ors (No 4) [2011] NSWSC 524 Category: Procedural and other rulings Parties: George Chaina - Second Plaintiff Rita Chaina - Third Plaintiff Proton Technology Pty Limited - Fourth Plaintiff Deluxe Chemicals Pty Limited - Fifth Plaintiff The Presbyterian Church (New South Wales) Property Trust - First Defendant Robert Iles - Second Defendant Christine Alexander - Third Defendant Gordon Black - Fourth Defendant Ewen Brown - Fifth Defendant Richard Bull - Sixth Defendant Bruce Christian - Seventh Defendant Simon Fraser - Eighth Defendant Roy Johnston - Ninth Defendant William McLaren - Eleventh Defendant Philip Mitchell - Twelfth Defendant Tony Pfeiffer - Thirteenth Defendant Robert Richards - Fourteenth Defendant Harry Taylor - Fifteenth Defendant Peter Wolnizer - Sixteenth Defendant Sarvaas Ciappara Lawyers - First Respondent McLachlan Thorpe Partners - Second Respondent Representation: Mr D Higgs SC/Mr Fermanis - Plaintiffs Mr R Stitt QC/ Mr GL Turner - Defendants Mr S Robertson - First Respondent Mr H Cockburn - Second Respondent Berrigan Doube Lawyers - Plaintiffs Curwoods Lawyers - Defendants Sarvaas Ciappara Lawyers - First Respondent McLachlan Thorpe Partners - Second Respondent File Number(s): 2002/69354