Turner v O’Bryan-Turner [2019] NSWSC 258

Supreme Court New South Wales

Medium Neutral Citation: Turner v O'Bryan-Turner [2019] NSWSC 258 Hearing dates: 5 March 2019 Date of orders: 13 March 2019 Decision date: 13 March 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Pursuant to rule 42.10 of the Uniform Civil Procedure Rules 2005 (NSW) order the first to third defendants to pay the plaintiffs' costs occasioned by their failure to comply with the orders and directions made by Rees J on 9 October 2018 in relation to the filing of their amended notice of motion and evidence in support, being the plaintiffs' costs unnecessarily incurred in pressing for compliance with those orders and directions; attendance at the directions hearings on 14 February 2019 and 5 March 2019; and preparation of written submissions as to costs and supporting affidavit; and attendance on 5 March 2019, those costs to be paid on an indemnity basis. Catchwords: COSTS — application for indemnity costs in respect of costs occasioned by non-compliance with court orders Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-58 Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), r 11 Uniform Civil Procedure Rules 2005 (NSW), rr 7.10 & 42.10 Cases Cited: Alexander (trading as Minter Ellison) v Perpetual Trustees WA Ltd [2001] NSWCA 240 Barnes v Addy (1874) LR 9 Ch App 244 Breen v Williams (1996) 186 CLR 71; [1996] HCA 57 McFee v Reilly [2018] NSWCA 322 Prince Jefri Bolkiah v KPMG (a firm)[1999] 2 AC 222 Turner v O'Bryan Turner [2018] NSWSC 1140 UTi (Aust) Pty Ltd v The Partners of Piper Alderman [2008] NSWSC 219 Texts Cited: G E Dal Pont, Solicitors Manual (Lexis Nexis, revised ed, 2005) Category: Costs Parties: Owen John Turner bht Nicholas John Turner (First Plaintiff) Allawah Pastoral Pty Ltd (Second Plaintiff) Nicholas John Turner (Third Plaintiff) Wendy Joan O'Bryan-Turner (First Defendant) David John Turner (Second Defendant) Karl John turner (a minor) (Third Defendant) Registrar-General, Land and Property Information (Fourth Defendant) Representation: Counsel: JT Svehla (Plaintiffs) MM Pringle (First to Third Defendants) Mackey (Solicitor) (NSW Trustee & Guardian)