O'Connor v Perry [2014] NSWSC 1386

O'Connor v Perry [2014] NSWSC 1386

Mr O'Connor's motion was dismissed because the orders he sought to set aside were made in his presence and not irregularly, illegally or against good faith; he failed to avail himself of opportunities offered; no sufficient cause was shown for the Court to exercise its discretion under rr 36.15 or 36.16 or s 350 of the Legal Profession Act 2004 (NSW).

Parties
Plaintiff: Franck O'Connor; First Defendant: Kristen Perry; Second Defendant: Perry Legal ABN 63 403 321 507
Jurisdiction
Australia
Judgment Date
10 October 2014
Procedural Posture
Notice of Motion / Motion to Set Aside Previous Orders; Judgment on Motion
Outcome
Motion dismissed
Legal Topics
Setting Aside Orders, Costs Assessment, Extension of Time
Civil Procedure Setting Aside Orders Costs Assessment Extension of Time

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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Franck O'Connor

Plaintiff

Kristen Perry

First Defendant

Perry Legal ABN 63 403 321 507

Second Defendant

Procedural Posture

Notice of Motion / Motion to Set Aside Previous Orders; Judgment on Motion

Legal Issues

  1. 1 Whether the court should set aside or vary orders made on 5 February 2014 and 24 March 2014 under the Uniform Civil Procedure Rules 2005 (NSW) r 36.15 and r 36.16
  2. 2 Whether the applicant should be granted a further opportunity to apply for assessment of legal costs outside the 12-month period under section 350 of the Legal Profession Act 2004 (NSW)

Ratio Decidendi

Mr O'Connor's motion was dismissed because the orders he sought to set aside were made in his presence and not irregularly, illegally or against good faith; he failed to avail himself of opportunities offered; no sufficient cause was shown for the Court to exercise its discretion under rr 36.15 or 36.16 or s 350 of the Legal Profession Act 2004 (NSW).

Court Disposition

Motion dismissed

Orders

  • Mr O'Connor's motion is dismissed.
  • Mr O'Connor to pay the defendants' costs of the motion, as agreed or assessed, unless parties approach within seven days to have the matter relisted.