Duarte v Coshott, in the matter of Duarte (No 2) [2018] FCA 818

There was no unreasonable conduct or serious dereliction of duty by the respondent's solicitor; therefore, no personal costs order should be made against him.

Parties: Applicant: Charmaine Duarte; Respondent: Michael Coshott; Solicitor for the Respondent: Mr Nicholas Prassas
Jurisdiction: Australia
Judgment Date: 01 June 2018
Procedural Posture: Costs Application / Determination of Application for Personal Costs Order
Outcome: Application for a personal costs order refused.
Legal Topics: Costs, Personal Costs Order Against Solicitor, Unreasonable Conduct of Solicitor

Civil Procedure Costs Personal Costs Order Against Solicitor Unreasonable Conduct of Solicitor

Case Brief

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Parties

Charmaine Duarte

Applicant

Michael Coshott

Respondent

Mr Nicholas Prassas

Solicitor for the Respondent

Procedural Posture

Costs Application / Determination of Application for Personal Costs Order

Legal Issues

1 Whether the respondent's solicitor should personally pay the applicant's costs from 25 May 2017 onwards
2 Whether there was unreasonable conduct or serious dereliction of duty by the solicitor

Ratio Decidendi

There was no unreasonable conduct or serious dereliction of duty by the respondent's solicitor; therefore, no personal costs order should be made against him.

Court Disposition

Application for a personal costs order refused.

Orders

The application for a special costs order against Mr Nicholas Prassas be dismissed.
There be no order as to the costs of the application.