The Berry Rural Co Operative Society Ltd v Sepak Industries Pty Ltd (No 2) [2018] NSWSC 298

Supreme Court New South Wales

Medium Neutral Citation: The Berry Rural Co Operative Society Ltd v Sepak Industries Pty Ltd (No 2) [2018] NSWSC 298 Hearing dates: 9 March 2018 Decision date: 09 March 2018 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Plaintiff granted leave to rely on evidence served out of time on terms including as to costs Catchwords: PRACTICE AND PROCEDURE – where plaintiff in default of directions – where such default caused by default of its legal advisers and not by any fault of the plaintiff - where plaintiff for second time sought leave to rely on evidence served in the face of a guillotine order – whether leave should be granted LEGAL PRACTITIONERS – whether solicitor for plaintiff should pay the costs that the plaintiff must pay the defendants by reason of its default – whether the costs of the solicitor should be disallowed as between her and the plaintiff Legislation Cited: Civil Procedure Act 2005 (NSW) Practice Note SC Gen 5 Cases Cited: The Berry Rural Co Operative Society Ltd v Sepak Industries Pty Ltd (Supreme Court (NSW), Stevenson J, 27 October 2017, unrep) Category: Procedural and other rulings Parties: The Berry Rural Co Operative Society Ltd (Plaintiff/Applicant) Sepak Industries Pty Ltd (First Defendant/Respondent) Henry Kong (Second Defendant/Respondent) Representation: Counsel: G W McGrath SC with D Currie (Plaintiff/Applicant) J C Giles SC (Defendants/Respondents)

Solicitors: Carter & Ferguson (Plaintiff/Applicant) Somerville Legal (Defendants/Respondents) File Number(s): SC 2016/281883