Christopher John Riley v Bankstown City Council & Anor [2005] NSWSC 748

Christopher John Riley v Bankstown City Council & Anor [2005] NSWSC 748

The solicitor's conduct—though unsatisfactory due to inaction and lack of communication—did not amount to pursuit of an unmeritorious claim without reasonable prospects of success as required for a costs sanction under s198M of the Legal Profession Act or Pt 52A r43 of the Supreme Court Rules; motions dismissed.

Jurisdiction
Australia
Judgment Date
28 July 2005
Procedural Posture
Motions / Application for Costs Order Against Plaintiff's Solicitor After Claim Dismissed for Non Appearance
Outcome
motions dismissed
Legal Topics
['costs' 'professional Conduct' 'negligence' 'practice and Procedure']
['civil Procedure'] ['costs' 'professional Conduct' 'negligence' 'practice and Procedure']

Case Brief

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Procedural Posture

Motions / Application for Costs Order Against Plaintiff's Solicitor After Claim Dismissed for Non Appearance

Legal Issues

  1. 1 ["Whether plaintiff's solicitor should indemnify defendants for costs under Legal Profession Act 1987 s198M" "What amounts to 'reasonable prospects of success' under Legal Profession Act" "Whether solicitor's inaction or failure to communicate amounts to serious dereliction warranting costs order"]

Ratio Decidendi

The solicitor's conduct—though unsatisfactory due to inaction and lack of communication—did not amount to pursuit of an unmeritorious claim without reasonable prospects of success as required for a costs sanction under s198M of the Legal Profession Act or Pt 52A r43 of the Supreme Court Rules; motions dismissed.

Court Disposition

motions dismissed

Orders

  • ["The motions for costs orders against plaintiff's solicitor are dismissed." 'Each party to have an opportunity to be heard regarding their own costs within seven days.']