Tutorial 8: Problem question on injunctions Raymond owns a picturesque bed-and-breakfast on the New South Wales South Coast. His establishment is a very successful business, with weekends typically booked out several months in advance. Part of the attraction is the excellent view onto the Shoalhaven River and the fact that the bed-and-breakfast is attached to a vineyard Raymond also runs. Recently, however, a large block of vacant land in front of Raymond's property has been purchased by McMasters & Sons, a developing company which intends to erect a five-storey block of premium apartments on the site. McMasters & Sons have borrowed considerable sums of money to fund this venture, and they want to commence work right away so they can construct the units as quickly as possible and pay back their bank. They fear that a hold-up on this project will affect their ability to obtain funding to commence construction work on two other projects in the region. Raymond suspects that the building will be in violation of Council zoning regulations. He is very worried that the apartment complex, once built, will severely affect the view of the river. He is also worried that the construction process may throw up a lot of dust and affect the crop of his vineyard. Both of these factors could inflict severe damage on his business if it leads to a downturn in bookings. He also has a deep emotional attachment to his business for him running the bed-and-breakfast is not just a living, it is a way of life. He approaches Shonee, an associate solicitor at a local law firm, and she advised him to seek an emergency ex parte injunction. Search -anton pilar Tutorial 8: Problem question on costs & settlement The facts in this question follow on from the scenario detailed in the Tutorial 7 Injunctions Problem Question. After the Court granted the injunction he sought, Raymond commences proceedings against McMasters & Sons to prevent development. As time goes on and the proceedings are in their interlocutory phase, Raymond becomes increasingly worried about the potential financial implications of the litigation if he is ultimately unsuccessful. He seeks the advice of his solicitor, Shonee, on whether he should try to settle the matter. 1. What should Shonee advise Raymond on the process for making an offer of compromise and the financial implications of the offer of compromise if Raymond is (a) successful or (b) unsuccessful in the proceedings? Refer to the Civil Procedure Act 2005 (NSW) and the Uniform Civil Procedure Rules 2005 (NSW), and any relevant cases. Raymond decides not to proceed with an offer of compromise. However, soon after it becomes apparent that McMasters & Sons was operating in complete accordance with the very clear zoning regulations, and a brief search with Council would have revealed this to be so. McMasters & Sons has also raised the issue of the verbal agreement with Raymond to support the development in exchange for free advertising. On this basis, it becomes apparent that Raymond's case has no reasonable prospects of success. He subsequently loses the case and has been ordered to pay costs. During the proceedings, Shonee made numerous mistakes, including missing filing dates and having to resubmit documents that were in the incorrect form. Moreover, Shonee overlooked the issue of the free advertising verbal agreement in her initial advice to commence litigation, even though Raymond mentioned this in his first client consultation with her. These added to the costs burden Raymond now must bear. 2. Can the Court make a costs order against Shonee? If so, on what basis? Refer to the Civil Procedure Act 2005 (NSW) and the Legal Profession Uniform Law Application Act 2014 (NSW), and any relevant cases. 3. [If such a costs order against Shonee was made and she was to subsequently represent herself in proceedings appealing that costs order, would she be able to seek an order for her legal costs? Refer to the Civil Procedure Act 2005 (NSW) and the Uniform Civil Procedure Rules 2005 (NSW), and any relevant cases. 4. McMasters & Sons submit their bill of costs to Raymond for payment. Raymond believes the costs claimed to be excessive. What options does he have to dispute the bill of costs