Wentworth v Rogers [1999] NSWCA 403

Wentworth v Rogers [1999] NSWCA 403

The court held that the failure by Ms Wentworth and Mr Russo to produce the letter of 13 October 1994 constituted misconduct justifying an indemnity costs order against both, and that the solicitor, while formally on the record, must bear responsibility for the actions of his client. However, the order disallowing...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 October 1999
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision Granting Leave in Part and Dismissing Remainder
Outcome
Leave to appeal granted in part; appeal allowed against set-off order only; application for leave to appeal otherwise dismissed; costs ordered.
Legal Topics
['indemnity Costs' 'costs Against Solicitors' 'misconduct by Legal Practitioners' 'set Off in Costs' 'pro Bono Retainers and Recovery of Costs']
['civil Procedure' 'costs'] ['indemnity Costs' 'costs Against Solicitors' 'misconduct by Legal Practitioners' 'set Off in Costs' 'pro Bono Retainers and Recovery of Costs']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision Granting Leave in Part and Dismissing Remainder

Legal Issues

  1. 1 ['Whether trial judge Sperling J should have disqualified himself for apprehended bias on costs' "Whether respondent's costs should be recoverable if legal representatives acted pro bono" 'Whether applicant misled the court by failing to produce material correspondence' 'Whether misconduct warranted indemnity costs order against applicant and her solicitor' 'Whether costs orders could be made personally against the solicitor' 'Whether applicant was denied right to set off costs awarded in cross proceedings']

Ratio Decidendi

The court held that the failure by Ms Wentworth and Mr Russo to produce the letter of 13 October 1994 constituted misconduct justifying an indemnity costs order against both, and that the solicitor, while formally on the record, must bear responsibility for the actions of his client. However, the order disallowing set-off of costs was not warranted and was set aside.

Court Disposition

Leave to appeal granted in part; appeal allowed against set-off order only; application for leave to appeal otherwise dismissed; costs ordered.

Orders

  • ["Leave granted to Ms Wentworth to appeal against Sperling J's order disallowing set-off." 'Appeal allowed against the set-off order.' 'Order disallowing set-off set aside.' 'Application for leave to appeal otherwise dismissed.' "Ms Wentworth and Mr Russo to pay ninety per cent of Mr Rogers' costs of the application."]