NORTH SOUTH CONSTRUCTION SERVICES P/L v CONSTRUCTION PACIFIC MANAGEMENT P/L [2002] NSWSC 286

NORTH SOUTH CONSTRUCTION SERVICES P/L v CONSTRUCTION PACIFIC MANAGEMENT P/L [2002] NSWSC 286

Because Mr Bianco, a director and principal of the plaintiff company, actively participated in the litigation and produced in evidence bogus documents constituting an abuse of process, and as the plaintiff was unlikely to satisfy a costs order, an order for costs against Mr Bianco as a non-party is within the court's power and justified on discretionary grounds.

Parties
Plaintiff: North South Construction Services Pty Ltd; Defendant: Construction Pacific Management Pty Ltd
Jurisdiction
Australia
Judgment Date
05 April 2002
Procedural Posture
Civil / Post Judgment; Costs Application
Outcome
Order for costs against non-party director granted
Legal Topics
Costs, Abuse of Process, Non Party Costs Order, Limited Liability
Equity Civil Procedure Costs Abuse of Process Non Party Costs Order Limited Liability

Case Brief

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Parties

North South Construction Services Pty Ltd

Plaintiff

Construction Pacific Management Pty Ltd

Defendant

Procedural Posture

Civil / Post Judgment; Costs Application

Legal Issues

  1. 1 Whether the court has power to order costs against non-party director under SCR Pt 52A r4(2) and (5)(d)
  2. 2 Whether Mr Bianco committed an abuse of process by presenting bogus documents in evidence
  3. 3 Whether the costs claimed were occasioned by the abuse of process

Ratio Decidendi

Because Mr Bianco, a director and principal of the plaintiff company, actively participated in the litigation and produced in evidence bogus documents constituting an abuse of process, and as the plaintiff was unlikely to satisfy a costs order, an order for costs against Mr Bianco as a non-party is within the court's power and justified on discretionary grounds.

Court Disposition

Order for costs against non-party director granted

Orders

  • Serafino Bianco (Phil Bianco) to pay to the defendant the costs of the defendant of the proceedings upon the plaintiff's summons.
  • Serafino Bianco to pay to the defendant the costs of the application of 5 April 2002 for costs.