Liprini v McIntyre [2016] NSWSC 1195

Liprini v McIntyre [2016] NSWSC 1195

Because both parties agreed to the separate determination, neither party could be criticised for that course, the affidavit material would largely remain useful at the final hearing, and the appropriate costs order could only be assessed after the final hearing when the advocate's immunity issue is determined, the costs of the notice of motion and half day hearing should be reserved.

Jurisdiction
Australia
Judgment Date
29 August 2016
Procedural Posture
Procedural and Other Ruling Concerning Costs / On the Papers After Deferral of Separate Determination Pending High Court Decision in Attwells
Outcome
Orders vacated in part; all pleaded issues to be determined at final hearing; costs reserved; proceedings listed for directions.
Legal Topics
['separate Determination of Questions' 'costs Discretion' 'costs Reserved' "advocate's Immunity as Defence to Solicitors' Liability" 'family Provision Proceedings Settlement']
['costs' 'civil Procedure' 'professional Negligence' "advocate's Immunity"] ['separate Determination of Questions' 'costs Discretion' 'costs Reserved' "advocate's Immunity as Defence to Solicitors' Liability" 'family Provision Proceedings Settlement']

Case Brief

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Procedural Posture

Procedural and Other Ruling Concerning Costs / On the Papers After Deferral of Separate Determination Pending High Court Decision in Attwells

Legal Issues

  1. 1 ['Whether costs of the notice of motion filed 20 April 2015 and the half day hearing on 3 July 2015 should be paid by the defendants, be costs in the cause, or be reserved.' "Whether the separate questions concerning advocate's immunity should continue to be determined separately before trial after Attwells v Jackson Lalic Lawyers Pty Ltd [2016] HCA 16."]

Ratio Decidendi

Because both parties agreed to the separate determination, neither party could be criticised for that course, the affidavit material would largely remain useful at the final hearing, and the appropriate costs order could only be assessed after the final hearing when the advocate's immunity issue is determined, the costs of the notice of motion and half day hearing should be reserved.

Court Disposition

Orders vacated in part; all pleaded issues to be determined at final hearing; costs reserved; proceedings listed for directions.

Orders

  • ['The orders made by Harrison J on 4 June 2015 are vacated and, in lieu thereof, an order that all issues raised in the pleadings be determined at a final hearing of the proceedings.' 'The costs in respect of the notice of motion filed 20 April 2015 and the half day hearing on 3 July 2015 are reserved.' 'The...