COULTER v. RAMPLING [2005] NSWSC 273

COULTER v. RAMPLING [2005] NSWSC 273

The court found that the application to cross-appeal was from the outset doomed and lacked reasonable prospects, that Mr. Weller's conduct occasioned unreasonable delay and expense, and that the statutory and rule powers allowed the making of a personal costs order, making both solicitor and client jointly liable for indemnity costs to the plaintiff.

Jurisdiction
Australia
Judgment Date
06 April 2005
Procedural Posture
Application to Cross Appeal / Post Hearing Costs Order
Outcome
Applicant and applicant's solicitor, Mr Weller, jointly ordered to pay the plaintiff's costs on an indemnity basis
Legal Topics
['indemnity Costs' 'personal Costs Order Against Solicitor' 'doomed Application' 'conduct of Proceedings' "court's Power to Award Costs" 'legal Profession Act 1984' 'supreme Court Act 1970']
['costs' 'professional Liability'] ['indemnity Costs' 'personal Costs Order Against Solicitor' 'doomed Application' 'conduct of Proceedings' "court's Power to Award Costs" 'legal Profession Act 1984' 'supreme Court Act 1970']

Case Brief

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Procedural Posture

Application to Cross Appeal / Post Hearing Costs Order

Legal Issues

  1. 1 ['Whether the solicitor should be held jointly liable with the client for indemnity costs incurred by plaintiff due to doomed application to cross-appeal' "Whether the court's power to award costs under s.76 and s.76C Supreme Court Act 1970 and Supreme Court Rules extends to personal costs orders against solicitors" "Whether solicitor's conduct met threshold for personal costs order"]

Ratio Decidendi

The court found that the application to cross-appeal was from the outset doomed and lacked reasonable prospects, that Mr. Weller's conduct occasioned unreasonable delay and expense, and that the statutory and rule powers allowed the making of a personal costs order, making both solicitor and client jointly liable for indemnity costs to the plaintiff.

Court Disposition

Applicant and applicant's solicitor, Mr Weller, jointly ordered to pay the plaintiff's costs on an indemnity basis

Orders

  • ["Applicant and Mr Weller jointly to pay plaintiff's costs on an indemnity basis"]