Tolteca Pty Ltd v Lillas and Loel Lawyers Pty Ltd

Tolteca Pty Ltd filed an application to consolidate two separate proceedings against Lillas and Loel Lawyers Pty Ltd, the first defendant, and another party, the second defendant. Lillas and Loel Lawyers Pty Ltd did not oppose the consolidation application but sought to avoid appearing in court by arguing that it would not be necessary for them to do so. Tolteca Pty Ltd failed to respond to this information, leading to Lillas and Loel Lawyers Pty Ltd appearing in court. The consolidation application was denied in part. The court was required to determine whether Lillas and Loel Lawyers Pty Ltd was entitled to recover its costs from Tolteca Pty Ltd and whether, as a self-represented incorporated legal practice, it was entitled to recover its costs under the Legal Profession Act 2007.

The court held that Lillas and Loel Lawyers Pty Ltd was not entitled to recover its costs from Tolteca Pty Ltd. The court found that the failure to respond to the information about Lillas and Loel Lawyers Pty Ltd's intention to avoid appearing in court was not sufficient to warrant an order for costs. Additionally, the court found that Lillas and Loel Lawyers Pty Ltd, as a self-represented incorporated legal practice, was not entitled to recover its costs under the Legal Profession Act 2007. The court noted that the Act only applies to legal practitioners who are not incorporated legal practices, and therefore Lillas and Loel Lawyers Pty Ltd was not entitled to recover its costs.

The court made an order that there be no order as to the plaintiff's costs of and incidental to its application to consolidate proceedings. The court also made an order that the first defendant's costs of and incidental to the plaintiff's application to consolidate proceedings be the first defendant's costs in proceeding BS 9938/13. This means that Lillas and Loel Lawyers Pty Ltd is not entitled to recover any costs from Tolteca Pty Ltd, but it may recover its costs from the other party involved in the consolidated proceedings.