Tara Communications Group Pty Ltd v Simons Ravden Pty Ltd [2012] NSWSC 862

Tara Communications Group Pty Ltd v Simons Ravden Pty Ltd [2012] NSWSC 862

Mr Pope acted without valid authority from the first plaintiff as Mr Jungklaus' appointment as director was invalid, having been made by Mr Ryan who lacked authority as an undischarged bankrupt; therefore, Mr Pope must pay indemnity costs from the date of filing appearance.

Jurisdiction
Australia
Judgment Date
01 August 2012
Procedural Posture
Civil / Application to Strike Out Statement of Claim; Application for Indemnity Costs
Outcome
statement of claim brought by the first plaintiff struck out; indemnity costs ordered against plaintiff's solicitor
Legal Topics
['indemnity Costs' 'solicitor Retainer' 'authority of Corporate Director' 'undischarged Bankrupt' 'valid Institution of Proceedings']
['civil Procedure'] ['indemnity Costs' 'solicitor Retainer' 'authority of Corporate Director' 'undischarged Bankrupt' 'valid Institution of Proceedings']

Case Brief

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Procedural Posture

Civil / Application to Strike Out Statement of Claim; Application for Indemnity Costs

Legal Issues

  1. 1 ["Whether first plaintiff's statement of claim should be struck out for lack of valid institution" 'Whether solicitor acted without a valid retainer and is liable for indemnity costs']

Ratio Decidendi

Mr Pope acted without valid authority from the first plaintiff as Mr Jungklaus' appointment as director was invalid, having been made by Mr Ryan who lacked authority as an undischarged bankrupt; therefore, Mr Pope must pay indemnity costs from the date of filing appearance.

Court Disposition

statement of claim brought by the first plaintiff struck out; indemnity costs ordered against plaintiff's solicitor

Orders

  • ['Statement of claim brought by first plaintiff is struck out.' 'Mr Pope to pay costs of defendants, including costs of this motion, from 8 September 2011 on an indemnity basis.']