NA & J Investments Pty Ltd v Minister Administering the Water Management Act 2000 (No 2) [2011] NSWLEC 98

NA & J Investments Pty Ltd v Minister Administering the Water Management Act 2000 (No 2) [2011] NSWLEC 98

The applicants did not establish that the conduct of the respondent legal practitioners amounted to 'serious neglect' or 'serious incompetence' within the meaning of s 99 of the Civil Procedure Act 2005. Nor did they show a sufficient causal connection between any such conduct and wasted court costs. The costs claimed were not wasted costs within the proceedings, but stemmed from professional negligence-type allegations which s 99 does not address. Accordingly, the application was dismissed.

Parties
Applicant on the Notice of Motion: Hutchins Pastoral Company Pty Ltd; Applicant on the Notice of Motion: Danwillach Pty Ltd; Applicant on the Notice of Motion: Delta Creek Pty Ltd; First Respondent on the Notice of Motion: Taylor & Whitty Pty Ltd; Second Respondent on the Notice of Motion: John Taylor; Third Respondent on the Notice of Motion: Peter King
Jurisdiction
Australia
Judgment Date
08 June 2011
Procedural Posture
Application for Costs (wasted Costs Proceeding) / Post Trial Judgment
Outcome
Application dismissed
Legal Topics
Wasted Costs, Serious Neglect or Incompetence of Legal Practitioners, Professional Negligence Allegations in Costs Applications
Civil Procedure Costs Law Wasted Costs Serious Neglect or Incompetence of Legal Practitioners Professional Negligence Allegations in Costs Applications

Case Brief

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Parties

Hutchins Pastoral Company Pty Ltd

Applicant on the Notice of Motion

Danwillach Pty Ltd

Applicant on the Notice of Motion

Delta Creek Pty Ltd

Applicant on the Notice of Motion

Taylor & Whitty Pty Ltd

First Respondent on the Notice of Motion

John Taylor

Second Respondent on the Notice of Motion

Peter King

Third Respondent on the Notice of Motion

Procedural Posture

Application for Costs (wasted Costs Proceeding) / Post Trial Judgment

Legal Issues

  1. 1 Whether the alleged conduct of the respondent lawyers amounted to 'serious neglect' or 'serious incompetence' under s 99 of the Civil Procedure Act 2005 justifying a personal costs order in favour of former clients
  2. 2 Whether there was a causal connection between the alleged conduct and 'unnecessary or wasted costs'
  3. 3 Whether the application was, in substance, an abuse of process or a misapplication of the wasted costs jurisdiction

Ratio Decidendi

The applicants did not establish that the conduct of the respondent legal practitioners amounted to 'serious neglect' or 'serious incompetence' within the meaning of s 99 of the Civil Procedure Act 2005. Nor did they show a sufficient causal connection between any such conduct and wasted court costs. The costs claimed were not wasted costs within the proceedings, but stemmed from professional negligence-type allegations which s 99 does not address. Accordingly, the application was dismissed.

Court Disposition

Application dismissed

Orders

  • The Notice of Motion filed on 27 November 2009 is dismissed.
  • Costs are reserved.