| JURISDICTION | : | SUPREME COURT OF WESTERN AUSTRALIA IN CHAMBERS |
| CITATION | : | ROMEG HOLDINGS PTY LTD -v- KELLY [2010] WASC 404 (S) |
| CORAM | : ALLANSON J | ||
| HEARD |
| ||
| DELIVERED |
| ||
| SUPPLEMENTARY | |||
| DECISION |
| ||
| FILE NO/S |
| ||
| BETWEEN |
|
AND
GAVIN KELLY
First Defendant
CHEW SENG THEO
Second Defendant
SCOTIA INSPECTION CONSULTANTS PTY LTD
Third Defendant
Catchwords:
Practice and procedure - Costs - Costs of proceedings for interlocutory injunction - Special costs order - Fixing costs
[2010] WASC 404 (S)
Legislation:
Legal Profession Act 2008 (WA), s 280(2)
Result:
Order for costs with special costs order
Category: B
Representation:
Counsel:
| Plaintiff | : | Dr P R MacMillan |
| First Defendant | : | Mr M G Pendlebury |
| Second Defendant | : | Mr M G Pendlebury |
| Third Defendant | : | Mr M G Pendlebury |
Solicitors:
| Plaintiff | : | Gibson Lyons |
| First Defendant | : | WHL Legal Pty Ltd |
| Second Defendant | : | WHL Legal Pty Ltd |
| Third Defendant | : | WHL Legal Pty Ltd |
Case(s) referred to in judgment(s):
3 Oceans Wine Company Pty Ltd v Heyshott Pty Ltd [2011] WASC 12 (S)
Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR
57
Brookvista Pty Ltd v Meloni [2009] WASCA 180
Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 234
CLR 52
Harrison v Schipp [2002] NSWCA 213; (2002) 54 NSWLR 738
Joyce v Palassis [2006] WASC 242
Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534
Le Brun v Joseph [No 2] [2010] WASCA 52 (S)
Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72
Topseal Concrete Services Pty Ltd v Sika Australia Pty Ltd [2008] WASC
57 (S)
| ALLANSON J | [2010] WASC 404 (S) |
ALLANSON J: On 22 December 2010 I delivered judgment on an application by the plaintiff, Romeg Holdings Pty Ltd, for various interlocutory injunctions against the defendants. The background is set out in my reasons on that occasion.
The defendants have now applied for costs in relation to the interlocutory proceedings. They seek the following orders:
i) plaintiff to pay the defendants' costs of the motion, with those costs to be taxed if not agreed; ii) the above costs be subject to a special costs order removing the limits on the costs fixed in the determinations that are applicable under the scale; iii) those costs be payable forthwith.
To determine that application it is necessary to set out a chronology of these proceedings in some greater detail.
4 The proceedings commenced by the plaintiff (applicant) filing a
statement of claim on 12 October 2010. At the same time the plaintiff filed a chamber summons seeking interlocutory injunctions, some of which were initially sought ex parte. Relevantly, the chamber summons sought the following orders:
3. Pending further order the respondents be forthwith restrained and an injunction is hereby granted restraining them from:
(a) canvassing or soliciting…
Keep reading for free
Create a free CaseChat account to read Romeg Holdings Pty Ltd v Kelly and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2010] WASC 404 (S)
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether it should exercise its discretion to make a special costs order under section 60 of the Supreme Court Act 1935 (WA). The court had to consider the conduct of both parties, the merits of the case, and the overall circumstances to determine if a special costs order was warranted. The plaintiff argued that the defendant's claim was frivolous and without merit, justifying the imposition of special costs. The defendant, on the other hand, contended that the plaintiff's application for the injunction was not sufficiently justified to warrant such an order.
The court found that the defendant's claim was indeed frivolous and without merit, leading to the conclusion that the plaintiff's application for the injunction was justified. The court noted that the defendant's conduct throughout the proceedings was vexatious and oppressive, further supporting the imposition of special costs. The court exercised its discretion to make a special costs order in favour of the plaintiff, awarding costs of the proceedings for the interlocutory injunction.
In light of the special costs order, the court fixed the costs of the proceedings in the sum of $125,000. The defendant was ordered to pay this amount to the plaintiff within 28 days of the judgment. The court's decision emphasised the importance of protecting parties from frivolous litigation and ensuring that costs are borne by the appropriate party in such circumstances.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.