Kissane Family v Laface [2013] NSWSC 905

Kissane Family v Laface [2013] NSWSC 905

Because the parties reached a sensible consent arrangement for security and transfer of the files, and because the plaintiffs had substantial success while the defendants also achieved substantially what they sought in their 25 June 2013 proposal, the fair costs order was that costs lie where they fall and there be no order as to costs.

Jurisdiction
Australia
Judgment Date
03 July 2013
Procedural Posture
Application for Delivery Up of Solicitor's Files / Hearing of Summons; Orders Made by Consent and Costs Determined
Outcome
Orders made by consent for transfer of solicitor's file. No order as to costs.
Legal Topics
['production and Inspection' "delivery Up of Solicitor's Files" 'costs Orders' "security for Unpaid Solicitor's Costs"]
['practice and Procedure' 'costs'] ['production and Inspection' "delivery Up of Solicitor's Files" 'costs Orders' "security for Unpaid Solicitor's Costs"]

Case Brief

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Procedural Posture

Application for Delivery Up of Solicitor's Files / Hearing of Summons; Orders Made by Consent and Costs Determined

Legal Issues

  1. 1 ["Whether the defendants should deliver up their solicitor's files after termination of the retainer while claiming unpaid costs." "Whether security for the defendants' claimed costs should be by equitable charge or first registered mortgage, and on what terms." 'What costs order should be made where both parties achieved substantial success and the dispute should have been resolved without litigation.']

Ratio Decidendi

Because the parties reached a sensible consent arrangement for security and transfer of the files, and because the plaintiffs had substantial success while the defendants also achieved substantially what they sought in their 25 June 2013 proposal, the fair costs order was that costs lie where they fall and there be no order as to costs.

Court Disposition

Orders made by consent for transfer of solicitor's file. No order as to costs.

Orders

  • ['No order as to costs.' 'The exhibits on the application be handed out.' 'Orders by consent in accordance with paragraphs 1, 2 and 3 as amended of the short minutes of order initialled by the judge and dated 3 July 2013, on the condition set out in paragraph 4 of that document.' 'Order by consent in accordance with...