Dawn Wade & Anor v Reynolds & Company Pty Limited & Ors [2011] NSWSC 1311

Dawn Wade & Anor v Reynolds & Company Pty Limited & Ors [2011] NSWSC 1311

The proceedings should be stayed under UCPR r 12.4 because the Plaintiffs are liable for the Defendants’ costs from earlier discontinued proceedings, which remain unpaid. The requirements of r 12.4 are satisfied, the pleadings overlap substantially, and no discretionary reason justifies refusing a stay. The motions by the Plaintiffs for various orders including declarations regarding undertakings and use of earlier evidence are dismissed as being unfounded in law or fact.

Parties
First Plaintiff: Dawn Wade; Second Plaintiff: Charles Firns; First Defendant: Reynolds & Company Pty Limited; Second Defendant: Arthur John Reynolds; Third Defendant: Julian Reynolds
Jurisdiction
Australia
Judgment Date
01 November 2011
Procedural Posture
Equity Proceedings / Interlocutory Motion to Stay Proceedings Pending Payment of Earlier Costs
Outcome
Proceedings stayed pending payment of prior costs; Plaintiffs' motions dismissed; costs ordered against Plaintiffs.
Legal Topics
Stay of Proceedings, Costs Orders, Claim for Equitable Compensation, Breach of Fiduciary Duty, Assignment of Chose in Action
Practice and Procedure Equity Stay of Proceedings Costs Orders Claim for Equitable Compensation Breach of Fiduciary Duty Assignment of Chose in Action

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Parties

Dawn Wade

First Plaintiff

Charles Firns

Second Plaintiff

Reynolds & Company Pty Limited

First Defendant

Arthur John Reynolds

Second Defendant

Julian Reynolds

Third Defendant

Procedural Posture

Equity Proceedings / Interlocutory Motion to Stay Proceedings Pending Payment of Earlier Costs

Legal Issues

  1. 1 Whether these proceedings should be stayed pending payment of costs ordered in earlier discontinued proceedings under UCPR r 12.4
  2. 2 Whether declarations and orders regarding alleged agreement between solicitors should be made
  3. 3 Whether the proceedings should be expedited

Ratio Decidendi

The proceedings should be stayed under UCPR r 12.4 because the Plaintiffs are liable for the Defendants’ costs from earlier discontinued proceedings, which remain unpaid. The requirements of r 12.4 are satisfied, the pleadings overlap substantially, and no discretionary reason justifies refusing a stay. The motions by the Plaintiffs for various orders including declarations regarding undertakings and use of earlier evidence are dismissed as being unfounded in law or fact.

Court Disposition

Proceedings stayed pending payment of prior costs; Plaintiffs' motions dismissed; costs ordered against Plaintiffs.

Orders

  • The Amended Notice of Motion filed by the Plaintiffs on 28 October 2011 be dismissed.
  • The Further Amended Notice of Motion filed by the Plaintiffs on 28 October 2011 be dismissed.