Jeffery & Katauskas Pty Limited v SST Consulting Pty Ltd

Jeffery & Katauskas Pty Limited v Rickard Constructions Pty Limited (Subject to a deed of company arrangement) [2009] HCA 43
Judgment date
Case number
S167/2009
S168/2009
Before
French CJ, Gummow, Hayne, Heydon, Crennan JJ
Catchwords

Practice and procedure – Costs – Order against non-party – Where non-party, for a contingency fee, funded impecunious corporate plaintiff without providing plaintiff with indemnity against adverse costs orders – Whether power of Supreme Court of New South Wales to order costs against non-party enlivened – Whether non-party had committed abuse of process of the court within the meaning of Uniform Civil Procedure Rules 2005 (NSW), r 42.3(2)(c).

Words and phrases – "abuse of process of the court", "occasioned by".

Uniform Civil Procedure Rules 2005 (NSW) – r 42.3.

Civil Procedure Act 2005 (NSW) – s 98(1).

Files
43.rtf (92.07 KB)
43.pdf (192 KB)