Furlong v Wise & Young Pty Ltd [2016] NSWSC 647

Supreme Court New South Wales

Medium Neutral Citation: Furlong v Wise & Young Pty Ltd [2016] NSWSC 647 Hearing dates: 6 and 13 May 2016 Decision date: 19 May 2016 Jurisdiction: Equity - Expedition List Before: Stevenson J Decision: Defendants and proposed cross-claimants to pay costs thrown away by proposed cross-claim; solicitor for those parties to pay those costs if unpaid in time specified Catchwords: COSTS – allegations of dishonesty and serious misconduct made in proposed cross-claim without proper basis – whether solicitor should pay the costs thrown away Legislation Cited: Civil Procedure Act 2005 (NSW) Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) Practice Note SC Gen 5 Cases Cited: Re Bauhaus Pyrmont Pty Ltd (in Liq) [2006] NSWSC 879 Karwala v Skrzypczak Re Estate of Ratajcak [2007] NSWSC 931 Knight v FP Special Assets Ltd [1992] HCA 28; 174 CLR 178 Re Felicity; FM v Secretary, Department of Family and Community Services (No 4) [2015] NSWCA 19 Category: Procedural and other rulings Parties: Kathleen Jeanne Furlong (First Plaintiff) Mark Andrew Furlong (Second Plaintiff) Wise & Young Pty Limited (First Defendant) Defined Properties Investment Pty Limited (Second Defendant) Wyse & Young International Pty Limited (Third Defendant) Representation: Counsel: M Auld (Plaintiffs)