Woodward v Woodward & Anor (No. 2) [2015] NSWSC 362

Supreme Court New South Wales

Medium Neutral Citation: Woodward v Woodward & Anor (No. 2) [2015] NSWSC 362 Hearing dates: 10 March 2015 Date of orders: 02 April 2015 Decision date: 02 April 2015 Jurisdiction: Common Law Before: Slattery J Decision: See paragraph [45] of judgment. Catchwords: LEGAL PRACTITIONER – costs – where defendants had been ordered to pay plaintiff's costs thrown away due to adjournment of hearing – where solicitors instructed by defendants did not file a notice of appearance or a notice of ceasing to act – where solicitors communicated to plaintiff that they acted for defendants – where solicitors withdrew representation 13 days before hearing, causing adjournment – whether to order solicitors to pay defendants costs under Civil Procedure Act 2005, s 99 – apportionment of costs between solicitors and defendants Legislation Cited: Civil Procedure Act 2005 ("CPA"), ss 98, 99 Uniform Civil Procedure Rules ("UCPR"), rr 7.27, 7.29 Cases Cited: Harris v Villacare Pty Ltd [2012] NSWSC 452 Ideal Waterproofing Pty Ltd v Buildcorp Australia Pty Ltd [2006] NSWSC 155 Ireland v Retallack (No 2) [2011] NSWSC 1096 Kelly v Jowett (2009) 76 NSWLR 405 Kendirjian v Ayoub [2008] NSWCA 194 Lemoto v Able Technical Pty Ltd (2005) 63 NSWLR 300 Myers v Elman [1940] AC 282 Re Jones (1870) LR 6 Ch 497 Ridehalgh v Horsfield [1994] Ch 205 Woodward v Woodward & Anor [2015] NSWSC 99 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Costs Parties: Plaintiff: Stephen James Woodward Representation: Counsel: Plaintiff: R. Winfield First and Second Defendants: E. Yam Messrs Bilbie Dan: T. Hale SC