Paramount Lawyers Pty Ltd v Haffar (No 2) [2016] NSWSC 906

Supreme Court New South Wales

Medium Neutral Citation: Paramount Lawyers Pty Ltd v Haffar (No 2) [2016] NSWSC 906 Hearing dates: 9, 14, 15 and 16 June 2016 Decision date: 30 June 2016 Jurisdiction: Equity Before: Stevenson J Decision: Third party costs order made against sole director and shareholder of incorporated legal practice; freezing orders dissolved in light of undertakings proffered to the Court Catchwords: COSTS – against non-party – whether solicitor sole director and shareholder of incorporated legal practice should pay costs of unsuccessful application to remove to this Court proceedings pending against that company in District Court including proceedings already listed for hearing – whether solicitor funded litigation – whether conduct of litigation was unreasonable – whether solicitor had an interest in the proceedings – whether company was insolvent or a "person of straw"; PROCEDURE – interlocutory orders – whether freezing order made on an ex parte basis should be dissolved on basis of non-disclosure by moving party – whether freezing order should be extended against solicitor who has given an undertaking to the Court not to dispose of assets Legislation Cited: Civil Procedure Act 2005 (NSW) Motor Accidents Compensation Act 1999 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aristocrat Technologies Australia Pty Ltd v Allam [2016] HCA 3; 90 ALJR 370 Commercial Bank of the Near East Ltd v A, B, C and D [1989] 2 Lloyd's Rep 319 Deputy Commissioner of Taxation v Hua Wang Bank Berhad [2010] FCA 1014 Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39; 1 WLR 2807 FPM Constructions v Council of the City of Blue Mountains [2005] NSWCA 340 Garrard (t/as Arthur Anderson & Co) v Email Furniture Ltd (1993) 32 NSWLR 662 Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 Jones v Dunkel [1959] HCA 8; 101 CLR 298 Knight v FP Special Assets Ltd [1992] HCA 28; 174 CLR 178 Kuhl v Zurich Financial Services Australia Limited [2011] HCA 11, 243 CLR 361 National Australia Bank Ltd v Bond Brewing Holdings Ltd (1990) 169 CLR 271 Ninemia Maritime Corp v Trave Schiffahrtsgesellschaft mbH & Co KG; The Nidersachsen [1984] 1 All ER 398 Paramount Lawyers Pty Ltd Haffar [2016] NSWSC 651 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 Thomas A Edison Ltd v Bullock (1912) 15 CLR 679 Victoria University of Technology v Wilson [2003] VSC 299 Yu v Cao [2015] NSWCA 276 Texts Cited: I Spry, The Principles of Equitable Remedies (9th ed 2014, Lawbook Co) Category: Procedural and other rulings Parties: Bruce Adams (First Applicant) Elizabeth Adams (Second Applicant) Anna Ciliegi (Third Applicant) Laila Haffar (Fourth Applicant) Jennifer McCarthy (Fifth Applicant) Darren Moran (Sixth Applicant) Daniel Murphy (Seventh Applicant) David Marocchi (First Respondent) Paramount Compensation Lawyers Pty Ltd (Second Respondent) Representation: Counsel: D A McLure SC with G O'Mahoney (Applicants) T G R Parker SC with M Castle (Respondents)