Lindsay-Owen v HWL Ebsworth Lawyers [2021] NSWSC 645

Defendants were in default of orders to serve expert evidence and offered no satisfactory excuse; therefore, costs should be paid by the defendants for the relevant hearings.

Jurisdiction: Australia
Judgment Date: 07 June 2021
Procedural Posture: Damages Claim for Breach of Retainer and Negligence / Interlocutory Hearing Regarding Costs Orders
Outcome: Defendants ordered to pay costs for specified appearances.
Legal Topics: ['failure to Comply With Expert Evidence Orders' 'costs Orders for Default']

['costs'] ['failure to Comply With Expert Evidence Orders' 'costs Orders for Default']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Damages Claim for Breach of Retainer and Negligence / Interlocutory Hearing Regarding Costs Orders

Legal Issues

1 ['Whether defendants should pay costs for failure to serve valuation evidence by the required date']

Ratio Decidendi

Defendants were in default of orders to serve expert evidence and offered no satisfactory excuse; therefore, costs should be paid by the defendants for the relevant hearings.

Court Disposition

Defendants ordered to pay costs for specified appearances.

Orders

['Defendants have now served all expert evidence for trial.' 'Hearing confirmed commencing 7 March 2022.' 'Matter to proceed in accordance with practice note.' "Liberty to apply on 48 hours' notice." 'Defendants to pay costs for 14 May 2021 and 7 June 2021.']