Businesswoman Carolyn Reynolds could be in costs ‘pickle’ if she can’t follow the rules, judge warns

DARWIN businesswoman Carolyn Reynolds could ‘end up in an awful pickle’ if she can’t follow the rules of the Supreme Court and has ‘ruinous’ costs awarded against her, a judge has warned.

Justice Stephen Southwood struck out Carolyn Reynolds’ notice of appeal on Tuesday.

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DARWIN businesswoman Carolyn Reynolds could “end up in an awful pickle” if she can’t follow the rules of the Supreme Court and has “ruinous” costs awarded against her, a judge has warned.

Ms Reynolds is seeking to appeal a ruling by Chief Justice Michael Grant affirming a Territory government decision to refuse registration of her Lake Bennett resort as a food business.

But in striking out Ms Reynolds’ notice of appeal on Tuesday, Justice Stephen Southwood said her fundamental obligations as a litigant included having “a proper basis for making a claim”.

“You are required to present arguments on appeal that are not frivolous, vexatious, an abuse of process or don’t otherwise have a proper basis or foundation in law or fact,” he said.

“You must not present arguments that are replete with unsubstantiated perceptions or contain expressions of conviction without proper foundation.”

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Justice Southwood warned Ms Reynolds if she couldn’t follow procedure, she risked having the whole case thrown out, leaving her with an “utterly enormous” legal bill.

“If you don’t comply with those matters you potentially are going to end up in an awful pickle because ultimately you may become subject to indemnity costs,” he said.

“Most individuals who have an award of indemnity costs made against them find it ruinous – it utterly destroys them financially – so it’s important that you take on board what I’ve just said.

“The other side has produced seven volumes of appeal materials, the cost of doing that alone is quite considerable, so you’re potentially ultimately responsible for those sorts of costs if they are thrown away.”

Ms Reynolds said she had “searched the internet” but had been unable to find an example of what a notice of appeal should look like.

“I’ve been a teacher for 35 years and this is a new topic for me, a new subject,” she said.

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Justice Southwood gave Ms Reynolds another seven days “to file a proper one” and directed her to Chief Justice Grant’s judgment for guidance.

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