Pomroy and McPhee Solicitors

The proceedings involved an application by Mr Pomroy (the Applicant) against Pomroy and McPhee Solicitors (the Respondent). The dispute concerned an application for costs by the Respondent solicitors and related interlocutory matters. The matter came before Justice Murphy.

The court was required to determine several issues, including the immediate payment of a sum of money by the Applicant to the Respondent, the granting of an injunction to restrain the Applicant from dealing with certain assets, and the extension of time for the Applicant to seek reasons from a Registrar regarding a bill of costs. The court also had to consider the consequences of the Applicant failing to seek those reasons and the future conduct of the proceedings, including the listing of the matter for further hearing and the determination of costs.

Justice Murphy ordered the Applicant to pay $3600.00 to the Respondent solicitors within three days. An injunction was granted restraining the Applicant from dealing with approximately $15,000.00 invested with Heritage Building Society, due to mature on 22 May 2009, and the net proceeds of sale of three blocks of land owned by the Applicant. The time for the Applicant to seek reasons from Registrar Stevens was extended to 4.00 pm on 3 February 2009, with the Applicant required to specify the disputed items in the bill of costs. If no request for reasons was filed by that time, the Applicant's application would be dismissed, and the matter listed for determination of the Respondent's costs application. If reasons were sought, the matter would be listed for further hearing, and the question of costs for the day would be reserved. The Applicant was also ordered to keep the Respondent solicitors informed of the progress of the sale of the land. Liberty to apply was granted to the Respondent solicitors regarding the building society investment if the matter was not listed before 22 May 2009. Further affidavits were to be filed and served 14 days prior to the further hearing, and the Applicant was to file a new Application for Review within 14 days of receiving the Reasons for Judgment.