Bowman v Datalec Services Pty Limited & Ichor Constructions Pty Limited [2021] NSWSC 1360

Bowman v Datalec Services Pty Limited & Ichor Constructions Pty Limited [2021] NSWSC 1360

The plaintiff’s solicitor repeatedly failed to seek leave of the Court to maintain proceedings against the defendants, as required by the Corporations Act, despite being put on notice multiple times by the defendants’ solicitors. The notices of motion brought by the plaintiff were misconceived and incompetent, leading to unnecessary costs. Accordingly, the Court ordered that such costs be paid forthwith by the plaintiff and that the plaintiff’s solicitor (Mr Ranson) pay these costs to the plaintiff under s 99(2)(b)(ii) of the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
03 November 2021
Procedural Posture
Costs Application in Civil Proceedings / Post Interlocutory Motions, Application for Variation of Costs Orders
Outcome
Order that the costs of the notices of motion be paid forthwith by the plaintiff and that the plaintiff’s solicitor pay the whole of those costs to the plaintiff.
Legal Topics
['costs' 'personal Liability of Solicitors for Costs' 'corporate Insolvency' 'interlocutory Proceedings' 'joinder of Parties']
['civil Procedure'] ['costs' 'personal Liability of Solicitors for Costs' 'corporate Insolvency' 'interlocutory Proceedings' 'joinder of Parties']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Application in Civil Proceedings / Post Interlocutory Motions, Application for Variation of Costs Orders

Legal Issues

  1. 1 ['Whether the costs of notices of motion filed by the plaintiff should be payable forthwith.' 'Whether the plaintiff’s solicitor should be ordered to pay those costs to the plaintiff under s 99(2)(b)(ii) of the Civil Procedure Act 2005 (NSW).']

Ratio Decidendi

The plaintiff’s solicitor repeatedly failed to seek leave of the Court to maintain proceedings against the defendants, as required by the Corporations Act, despite being put on notice multiple times by the defendants’ solicitors. The notices of motion brought by the plaintiff were misconceived and incompetent, leading to unnecessary costs. Accordingly, the Court ordered that such costs be paid forthwith by the plaintiff and that the plaintiff’s solicitor (Mr Ranson) pay these costs to the plaintiff under s 99(2)(b)(ii) of the Civil Procedure Act 2005 (NSW).

Court Disposition

Order that the costs of the notices of motion be paid forthwith by the plaintiff and that the plaintiff’s solicitor pay the whole of those costs to the plaintiff.

Orders

  • ['Pursuant to r 36.16(3) of the Uniform Civil Procedure Rules 2005 (NSW), the order made on 30 July 2021 requiring the plaintiff to pay the costs of the first and second defendants is varied as follows.' "In respect of the costs of Datalec Services Pty Limited and Ichor Constructions Pty Limited of the notices of...