Provident Capital Ltd v Anderson & Ors (No 3) [2013] NSWSC 705

Supreme Court New South Wales

Medium Neutral Citation: Provident Capital Ltd v Anderson & Ors (No 3) [2013] NSWSC 705 Hearing dates: 30 May 2013 Decision date: 30 May 2013 Jurisdiction: Common Law Before: Beech-Jones J Decision: Costs awarded against a solicitor. Catchwords: COSTS - Legal practitioner - serious misconduct - preparing letter for client to show third parties advising that Court orders void. Legislation Cited: - Civil Procedure Act 2005 - Farm Debt Mediation Act 1994 - Supreme Court Act 1981 (UK) Cases Cited: - Ideal Waterproofing Pty Ltd v Buildcorp Australia Pty Ltd [2006] NSWSC 155 - Provident Capital Ltd v Anderson [2012] NSWSC 525 - Ridehalgh v Horsefield [1994] Ch 205 - Waller v Hargraves Secured Investments Ltd [2012] HCA 4; 245 CLR 311 - Whyked Pty Ltd v Yahoo!7 Pty Ltd [2008] NSWSC 477 Category: Interlocutory applications Parties: Provident Capital Limited (in liq)(R&M app) (Plaintiff) Ian Maxwell Anderson (First Defendant) Sonya Monica Coghlan (Second Defendant) IASM Holding Pty Ltd (Third Defendant) Representation: Counsel: J. Hynes (Plaintiff) In person (First and Second Defendants) R. Savage (Sol) (Law Society) Solicitors: Henry Davis York (Plaintiff) Fox Legal (Third Defendant) File Number(s): 2010/159025

ex tempore Judgment 1This is an application by the plaintiff, Provident Capital Limited ("Provident"), to have the first defendant's solicitor, Mr Nicholas Coren, pay the costs of a notice of motion it brought seeking an injunction preventing the first defendant, Mr Ian Anderson, from entering upon property in respect of which it had an order for possession in its favour.