Matter Technology Ltd (administrators appointed) v Mrakas; Mrakas v Matter Technology Ltd (administrators appointed) (No 2) [2018] NSWSC 1245

Supreme Court New South Wales

Medium Neutral Citation: Matter Technology Ltd (administrators appointed) v Mrakas; Mrakas v Matter Technology Ltd (administrators appointed) (No 2) [2018] NSWSC 1245 Hearing dates: 3 August 2018 Decision date: 10 August 2018 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Order that the defendants' notice of motion of 19 July 2018 be dismissed with costs. Order that the plaintiffs' costs in these proceedings be specified pursuant to s 98(4)(c) of the Civil Procedure Act at $230,000. Order that defendants pay the plaintiffs' costs of its notice of motion of 2 May 2018. Catchwords: PROFESSIONS AND TRADES – lawyers – duties and liabilities – solicitor and client – retainer – existence of retainer – whether plaintiffs' solicitors authorised to commence proceedings – whether proceedings should be dismissed by reason of want of authority

CORPORATIONS – directors and officers – authority and powers – whether sole director entitled to give instructions to commence proceedings – whether there was an emergency for the purposes of the plaintiffs' constitution

COSTS – party/party – Court's discretion – whether gross sum should be specified under s 98(4) of the Civil Procedure Act – where recovery of costs unlikely – where defendant now acting for himself - where assessment of costs likely to be vexed Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Legal Profession Uniform Law (NSW) Uniform Civil Procedures Rules 2005 (NSW) Cases Cited: Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 Colquhoun v District Court of New South Wales (No 2) [2015] NSWCA 54 Hadid v Lenfest Communications Inc [2000] FCA 628 Hamod v State of New South Wales [2011] NSWCA 375 Harrison v Schipp [2002] NSWCA 213; (2002) 54 NSWLR 738 Matter Technology Ltd v Mrakas; Mrakas v Matter Technology Ltd [2018] NSWSC 507 Pham v Enterprise ICT Pty Ltd; Pham v Sebie (No 2) [2018] NSWSC 22 Zepinic v Chateau Constructions (Aust) Ltd (No 2) [2014] NSWCA 99 Category: Procedural and other rulings Parties: Matter Technology Ltd (administrators appointed) (First Plaintiff/Cross-Defendant) Matter IP Pty Ltd (Second Plaintiff) Christopher Mrakas (First Defendant/Cross-Claimant) (in person) Platipus Foundation Pty Ltd (Second Defendant) Representation: Counsel: J J Hutton (Plaintiffs/Cross-Defendant)