Moore v Scenic Tours Pty Ltd [2015] NSWSC 237

Supreme Court New South Wales

Medium Neutral Citation: Moore v Scenic Tours Pty Ltd [2015] NSWSC 237 Hearing dates: 27 February 2015 Date of orders: 20 March 2015 Decision date: 20 March 2015 Jurisdiction: Common Law Before: Garling J Decision: (a)Amended Notice of Motion dated 20 February 2015 is dismissed. (b)Defendant to pay the plaintiff's costs. Catchwords: PRACTICE AND PROCEDURE – civil – representative proceedings – whether court should exercise jurisdiction to restrain a firm from acting – ultimate controller and majority owner of firm representing plaintiff falls within group members in proceedings – son of ultimate controller of firm is sole director of litigation funder – whether arrangement designed to circumvent prohibition on contingency fees – litigation funder company of limited capital – whether litigation funder has sufficient capital to meet adverse costs order – plaintiff consents to firm continuing to act – plaintiff entitled to a solicitor of their choice – not in interest of justice to deprive plaintiff of their choice of solicitor – motion to restrain firm from acting dismissed Legislation Cited: Civil Procedure Act 2005 Corporations Regulation 2001 Family Law Act 1975 (Cth) Legal Profession Act 2004 Cases Cited: Bolitho v Banksia Securities Ltd (No.4) [2014] VSC 582 Clyne v NSW Bar Association [1960] HCA 40; (1960) 104 CLR 186 Kallinicos v Hunt [2005] NSWSC 1181 Texts Cited: Not applicable Category: Principal judgment Parties: David Moore (P) Scenic Tours Pty Ltd (D) Representation: Counsel: A Abadee / A Barnett (P) D Weinberger (D)