NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: James v Phillips [2017] NSWSC 148 Hearing dates: 24 February 2017 Date of orders: 24 February 2017 Decision date: 24 February 2017 Jurisdiction: Equity Before: Pembroke J Decision: Claim dismissed Catchwords: JUDGMENTS – application to set aside orders of Court of Appeal – alleged fraud and conspiracy – untenable claim PLEADINGS – embarrassing and vexatious – amended statement of claim dismissed COUNSEL – duty to court – obligation to restrain clients – to limit waste of time and money Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Donnelly v Australian and New Zealand Banking Group Limited [2016] NSWSC 263 Leerdam v Noori [2009] NSWCA 90 Lemoto v Able Technical Pty Limited (2005) 63 NSWLR 300 The Ampthill Peerage Case [1977] AC 547 Thomas & Ors v SMP (International) Pty Ltd & Ors [2010] NSWSC 822 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 Category: Principal judgment Parties: Gaye James – first plaintiff Gary Phillips – second plaintiff Brian Phillips – first defendant Dobrinka Zlatevska – second defendant Representation: Counsel: F W Bates – for the plaintiffs D A Lloyd – for the defendants
Solicitors: Needs Chan & Monahan – for the plaintiffs TressCox Lawyers – for the defendants File Number(s): 2016/284041
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