Re The Black Stump Enterprises Pty Ltd and Associated Companies (No 2) [2006] NSWCA 60

Re The Black Stump Enterprises Pty Ltd and Associated Companies (No 2) [2006] NSWCA 60

The Court was not satisfied that this was a clear case where an order for costs should be made against the solicitor personally, as it could not determine whether the responsibility lay with the solicitor or sophisticated client for bringing the appeal.

Parties
Appellants' Solicitors: Abbott Tout
Jurisdiction
Australia
Judgment Date
31 March 2006
Procedural Posture
Costs Application / Post Appeal Judgment
Outcome
No order requiring solicitors to pay costs. No order for costs.
Legal Topics
Costs, Solicitors' Liability for Costs, Appeal Without Reasonable Prospects of Success
Civil Procedure Costs Solicitors' Liability for Costs Appeal Without Reasonable Prospects of Success

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Parties

Abbott Tout

Appellants' Solicitors

Procedural Posture

Costs Application / Post Appeal Judgment

Legal Issues

  1. 1 Whether solicitors should be ordered to pay costs personally under s 99 of the Uniform Civil Procedure Act 2005

Ratio Decidendi

The Court was not satisfied that this was a clear case where an order for costs should be made against the solicitor personally, as it could not determine whether the responsibility lay with the solicitor or sophisticated client for bringing the appeal.

Court Disposition

No order requiring solicitors to pay costs. No order for costs.

Orders

  • No order requiring solicitors to pay costs
  • No order for costs