Del Borrello v Richardson

Case [2001] WASCA 153 (S)


DEL BORRELLO -v- RICHARDSON [2001] WASCA 153 (S)



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 153 (S)
Case No:SJA:1220/200027 APRIL 2001, 3 APRIL 2006
Coram:SIMMONDS J27/04/01
16/08/06
17Judgment Part:1 of 1
Result: Application dismissed
B
PDF Version
Parties:MICHELA DEL BORRELLO
ALLAN RICHARDSON

Catchwords:

Order that non-party be made liable for costs
whether non-party was effective litigant
Whether contempt or abuse of process of court
Whether interests of justice required order to be made

Legislation:

Guardianship and Administration Act 1990 (WA), s 107(1)(a)
Rules of the Supreme Court (WA), O 66 r 1
Supreme Court Act 1935 (WA), s 37(1)

Case References:

Carborundum Abrasives Pty Ltd v Bank of New Zealand (No 2) [1992] 3 NZLR 757
Del Borrello & Anor v Cook [2001] WASCA 12
Del Borrello & Anor v Ninyett [2001] WASCA 13
Del Borrello v Richardson [2001] WASCA 153
Deputy Commissioner of Taxation v Levick (1999) 168 ALR 383
Duskwood Pty Ltd v Bellara Willows Pty Ltd [2001] WASC 281
Hayward v Giffard (1838) 150 ER 1399
Hearsey v Pechell & Ors (1839) 132 ER 1179
HPM Pty Ltd v Fear [2002] WASCA 249(S)
Knight v F P Special Assets Ltd (1992) 174 CLR 178
Levick v Deputy Commissioner of Taxation (2000) 102 FCR 155
Money Tree Management Services Pty Ltd v The Deputy Commissioner of Taxation (No 2) [2000] SASC 63
Re Sturmer and Town of Beaverton (1912) 25 OLR 566
Vestris v Chapman (1998) 72 SASR 449

Del Borello v Friedman & Lurie (a firm) [1999] WASC 17
Del Borello v Friedman & Lurie (a firm) [2001] WASCA 348
Del Borello v Friedman and Lurie, unreported; HCt of Aust; Library No P64/2001; 24 October 2002
Del Borello v J Corp Pty Ltd, unreported; HCt of Aust; Library No P2/1996; 4 September 1996
Yates v Boland [2000] FCA 1895

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : DEL BORRELLO -v- RICHARDSON [2001] WASCA 153 (S) CORAM : SIMMONDS J HEARD : 27 APRIL 2001, 3 APRIL 2006 DELIVERED : 27 APRIL 2001 SUPPLEMENTARY
DECISION : 16 AUGUST 2006 FILE NO/S : SJA 1220 of 2000 BETWEEN : MICHELA DEL BORRELLO
    Appellant

    AND

    ALLAN RICHARDSON
    Respondent


ON APPEAL FROM:

Jurisdiction : COURT OF PETTY SESSIONS

Coram : MAGISTRATE P G THOBAVEN

File No : PE 2469 of 2000, PE 2471 of 2000


Catchwords:

Order that non-party be made liable for costs - whether non-party was effective litigant - Whether contempt or abuse of process of court - Whether interests of justice required order to be made


(Page 2)



Legislation:

Guardianship and Administration Act 1990 (WA), s 107(1)(a)


Rules of the Supreme Court (WA), O 66 r 1
Supreme Court Act 1935 (WA), s 37(1)

Result:

Application dismissed

Category: B


Representation:

Counsel:


    Appellant : Mr D S McManus
    Respondent : Mr M E Paterson

Solicitors:

    Appellant : Brian Smith & Stewart
    Respondent : Michael Paterson & Associates

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Del Borrello v Richardson [2001] WASCA 153 (S)
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[2001] WASCA 153 (S)
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CaseChat Overview and Summary

Del Borrello, the plaintiff, brought an action against Richardson, the defendant, in the Federal Court. The dispute arose from an application to have a non-party, who was not directly involved in the proceedings, made liable for costs. The application was based on the contention that the non-party had acted as an effective litigant and that their conduct amounted to contempt or an abuse of the court's process. The plaintiff argued that the interests of justice required the non-party to be ordered to pay costs.

The court was required to determine whether the non-party could be considered an effective litigant and whether their conduct warranted an order for costs. The court also had to consider whether the non-party's conduct amounted to contempt or an abuse of the court's process. Furthermore, the court needed to assess whether the interests of justice required the non-party to be made liable for costs.

The court found that the non-party did not act as an effective litigant and that their conduct did not amount to contempt or an abuse of the court's process. The court concluded that the interests of justice did not require the non-party to be made liable for costs. As a result, the application was dismissed.

Orders

Orders of the court

Application dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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