IPPER v MYER SOLOMON ASSOCIATES & ORS [2002] NSWSC 1141

IPPER v MYER SOLOMON ASSOCIATES & ORS [2002] NSWSC 1141

The Court declined to declare the Local Court costs recovery proceedings invalid or a nullity because the plaintiff had already raised the s182(2) point by verified defence in the Local Court, unresolved factual issues remained as to disclosure, and the plaintiff could seek relief from the default judgment in the Local Court. In those circumstances the Supreme Court proceedings were misconceived, except that the interim restraint on execution was continued until further order.

Jurisdiction
Australia
Judgment Date
03 December 2002
Procedural Posture
Common Law Division Summons for Declaratory, Injunctive and Other Relief Concerning Local Court Costs Recovery Proceedings / Judgment on Amended Summons After Interim Restraint of Execution of a Writ
Outcome
Order 2 in the Amended Summons was continued until further order of the Supreme Court or the Local Court; otherwise the Summons was dismissed.
Legal Topics
["solicitors' Costs Recovery" 'costs Disclosure' 'default Judgment' 'writ of Execution' 'local Court Proceedings']
['legal Profession' 'civil Procedure' 'costs'] ["solicitors' Costs Recovery" 'costs Disclosure' 'default Judgment' 'writ of Execution' 'local Court Proceedings']

Case Brief

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Procedural Posture

Common Law Division Summons for Declaratory, Injunctive and Other Relief Concerning Local Court Costs Recovery Proceedings / Judgment on Amended Summons After Interim Restraint of Execution of a Writ

Legal Issues

  1. 1 ['Whether alleged non-compliance with the disclosure requirements in ss175, 177, 178 and 179 of the Legal Profession Act 1987 and s182(2) made the Local Court costs recovery proceedings invalid.' 'Whether the Supreme Court should set aside the default judgment, quash the writ of execution, declare the Local Court proceedings invalid, and permanently restrain further prosecution of those proceedings.' 'Whether unresolved factual issues as to disclosure and the effect of s182(2) should be dealt with in the Local Court rather than in the Supreme Court proceedings.']

Ratio Decidendi

The Court declined to declare the Local Court costs recovery proceedings invalid or a nullity because the plaintiff had already raised the s182(2) point by verified defence in the Local Court, unresolved factual issues remained as to disclosure, and the plaintiff could seek relief from the default judgment in the Local Court. In those circumstances the Supreme Court proceedings were misconceived, except that the interim restraint on execution was continued until further order.

Court Disposition

Order 2 in the Amended Summons was continued until further order of the Supreme Court or the Local Court; otherwise the Summons was dismissed.

Orders

  • ['Order 2 in the Amended Summons is continued until further order of this court or the Local Court.' 'Otherwise, the Summons is dismissed.' "The plaintiff is to pay the first defendant's costs." 'Otherwise, no order as to costs.']