Leila Chafei (as Executrix of the Estate of the late Sidney Chafei) v Tony Barakat, Russell Walter Keddie, Scott John Roulstone t/as Keddies Lawyers and Stephen Paul Firth

In this case, Leila Chafei, as Executrix of the Estate of the late Sidney Chafei, brought proceedings against Tony Barakat, Russell Walter Keddie, Scott John Roulstone trading as Keddies Lawyers, and Stephen Paul Firth. The dispute centred on the propriety of a judgment order that had been entered and the potential to join additional parties to the proceedings. The matter was heard in the Supreme Court of New South Wales.

The primary legal issues before the court were whether it had the power to set aside a judgment order that had already been entered, and whether the court could join additional parties to the proceedings. Another issue was whether the court should refer the solicitors involved to the Legal Services Commissioner and what appropriate costs orders should be made. The court was also required to determine whether it was functus officio in relation to setting aside the judgment order.

The court found that it was functus officio and therefore could not set aside the judgment order that had already been entered. The court determined that it had the power to join additional parties to the proceedings if it was necessary to do so. In relation to referring the solicitors to the Legal Services Commissioner, the court held that it was not appropriate in this instance. Regarding the costs orders, the court found that the appropriate orders should be made in light of the proceedings that had been brought and the conduct of the parties involved.

The court ordered that the judgment on the motion was to be made. The court also ordered that any appropriate costs orders would be determined at a later stage, taking into account the conduct of the parties and the proceedings.