Porter Street Investments Pty Ltd v Nellbar Pty Ltd

[2022] WASCA 33

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Wasted costs orders against legal practitioners
4. › Negligent conduct
5. › Failure to draft adequate orders
6. › Whether conduct fell below competence reasonably expected of ordinary members of the profession
7. › Rules of the Supreme Court 1971 (WA), O 66 r 5
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Hopeless appeal
5. › Whether appeal should never have been brought
1. Practice and Procedure
2. › Costs
3. › Apportionment of costs
4. › Partial success on appeal
5. › Where appellant succeeded on one ground but failed on others
1. Practice and Procedure
2. › Terms of orders
3. › Failure to submit adequate orders wanted
4. › Court drafting orders
5. › Shareholder dispute
6. › Adjustment mechanism for distributions

Quick Take

Failure by legal representatives to draft adequate orders wanted, including seeking orders affecting non-parties and failing to follow the court's directions on the form of orders, constitutes negligent conduct within O 66 r 5(1) of the Rules of the Supreme Court 1971 (WA), warranting an order that the practitioners not claim costs and refund costs already paid. Indemnity costs are appropriate where an appeal is characterised as hopeless and should never have been brought.