ROBERTSON v CSR READYMIX [1997] IRCA 184

ROBERTSON v CSR READYMIX [1997] IRCA 184

The conduct of McGrath, Dicembre & Co did not amount to serious professional misconduct so as to warrant a compensatory costs order against them, and the previous order for costs against them should be set aside.

Parties
Applicant: Glen Robertson; Respondent: CSR Readymix
Jurisdiction
Australia
Judgment Date
05 June 1997
Procedural Posture
Application Under Workplace Relations Act 1996 / Review of Judicial Registrar's Costs Order
Outcome
Order for costs against applicant's solicitors set aside.
Legal Topics
Costs Orders, Solicitor's Liability for Costs, Professional Misconduct
Employment Law Civil Procedure Costs Orders Solicitor's Liability for Costs Professional Misconduct

Case Brief

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Parties

Glen Robertson

Applicant

CSR Readymix

Respondent

Procedural Posture

Application Under Workplace Relations Act 1996 / Review of Judicial Registrar's Costs Order

Legal Issues

  1. 1 Whether the conduct of the applicant's solicitors amounted to serious professional misconduct justifying a costs order against them.
  2. 2 Principles for ordering a solicitor to pay costs of another party.

Ratio Decidendi

The conduct of McGrath, Dicembre & Co did not amount to serious professional misconduct so as to warrant a compensatory costs order against them, and the previous order for costs against them should be set aside.

Court Disposition

Order for costs against applicant's solicitors set aside.

Orders

  • The order of 19 March 1997 ordering McGrath, Dicembre & Co to pay the costs of CSR Readymix is set aside.
  • The respondent has liberty to apply.