Fordyce v Ho [2015] NSWCA 240

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Fordyce v Ho [2015] NSWCA 240 Hearing dates: 14 August 2015 Decision date: 19 August 2015 Before: Meagher JA; Gleeson JA Decision: 1. Application for leave to appeal dismissed. 2. Order the applicants pay the respondents' costs of the application. Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal against ex parte search order – where underlying proceedings relate to enforceability of legal costs agreements – where amount at issue in underlying proceedings not significant – where no utility in pursuit of appeal – leave to appeal refused Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Legal Profession Act 2004 (NSW), ss 350, 361 Supreme Court Act 1970 (NSW), s 101(2)(e) Uniform Civil Procedure Rules 2005, rr 25.20(a), 51.10(2) Category: Procedural and other rulings Parties: Paul Mervyn Fordyce t/as PMF Legal Trading (First Applicant) PMF Legal Limited (Second Applicant) Robert Ho (First Respondent) Rhodium NSW Pty Limited (Second Respondent) The Trading House Pty Limited (Third Respondent) Representation: Counsel: PM Fordyce (in person and for the Second Applicant) TGR Parker SC with DP Kelly (Respondents)

Solicitors: PMF Legal Limited (Applicants) Mills Oakley Lawyers (Respondents) File Number(s): 2015/162369 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Citation: [2015] NSWSC 544 Date of Decision: 5 May 2015 Before: Rein J File Number(s): 2014/288128