Holden v Trustees of Sisters of Mercy (North Sydney) Property Trust [2015] NSWSC 1359

Supreme Court New South Wales

Medium Neutral Citation: Holden v Trustees of Sisters of Mercy (North Sydney) Property Trust [2015] NSWSC 1359 Hearing dates: 6 August 2015 Date of orders: 29 September 2015 Decision date: 29 September 2015 Jurisdiction: Common Law Before: RS Hulme AJ Decision: 1. I disallow as between Michael Joseph and the Seventh Defendant's solicitors the whole of the costs of and incidental to Mr Joseph's drafting of the request for particulars dated 28 November 2014; 2. I disallow as between Michael Joseph and the Seventh Defendant's solicitors 50% of the costs of and incidental to Mr Joseph's preparation for and appearing on the hearing of the Notice of Motion filed on 15 January 2015. 3 Order Mr Joseph to refund to such solicitors any fees paid to him for such drafting, preparation or appearance and which have been disallowed. 4. Order Mr Joseph to file an affidavit within 28 days of these orders showing all of the said costs and that he has borne the costs disallowed and/or refunded such costs to the solicitors. Catchwords: PRACTICE AND PROCEDURE – request for particulars – unduly burdensome – abuse of process – no obligation to answer questions – insufficient particulars in statement of claim – liberty to amend Legislation Cited: Adoption of Children Act 1965 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Procedural and other rulings Category: Costs Parties: Lynda Holden (Plaintiff) Trustees of the Sisters of Mercy (North Sydney) Property Trust (Defendant) Representation: Counsel: M Joseph (Seventh Defendant) File Number(s): 2014/00308587 Publication restriction: No