Walton v Walton [2015] NSWSC 409

Walton v Walton [2015] NSWSC 409

Because the material adduced by Mr Neagle caused the costs application to require defendants' solicitors and counsel to deal with a large folder of material that would otherwise have been dealt with on the papers, and because the public interest required the Law Society to consider the professional conduct issues, Mr Neagle's costs of the costs application were disallowed, he was ordered to pay the plaintiff 90 per cent of the costs she was ordered to pay the defendants insofar as they arose from the costs application, and the reasons were to be referred to the Law Society.

Jurisdiction
Australia
Judgment Date
13 April 2015
Procedural Posture
Costs Application Concerning Legal Practitioner's Costs Under S 99 of the Civil Procedure Act 2005 (nsw) / Show Cause Determination on the Papers After Plaintiff Was Ordered to Pay Defendants' Costs
Outcome
Mr Neagle's costs of the costs application were disallowed, he was ordered to pay to the plaintiff 90 per cent of the relevant costs she was ordered to pay the defendants, and the reasons were to be referred to the Law Society of New South Wales.
Legal Topics
['disallowance of Solicitor Client Costs' 'personal Costs Order Against Solicitor' 'referral to Law Society' 'professional Misconduct or Unsatisfactory Professional Conduct']
['civil Procedure' 'costs' 'legal Practitioners'] ['disallowance of Solicitor Client Costs' 'personal Costs Order Against Solicitor' 'referral to Law Society' 'professional Misconduct or Unsatisfactory Professional Conduct']

Case Brief

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Procedural Posture

Costs Application Concerning Legal Practitioner's Costs Under S 99 of the Civil Procedure Act 2005 (nsw) / Show Cause Determination on the Papers After Plaintiff Was Ordered to Pay Defendants' Costs

Legal Issues

  1. 1 ["Whether, as between Mr Neagle and the plaintiff, Mr Neagle's costs of the costs application should be disallowed under s 99(2)(a)(ii) of the Civil Procedure Act 2005 (NSW)." 'Whether Mr Neagle should be ordered under s 99(2)(b)(ii) of the Civil Procedure Act 2005 (NSW) to pay to the plaintiff the costs she was ordered to pay the defendants insofar as those costs arose from the costs application.' 'Whether the Court should refer its reasons to the Law Society of New South Wales for consideration of possible professional misconduct or unsatisfactory professional conduct.' "What proportion of the defendants' costs of the costs application should be borne by Mr Neagle."]

Ratio Decidendi

Because the material adduced by Mr Neagle caused the costs application to require defendants' solicitors and counsel to deal with a large folder of material that would otherwise have been dealt with on the papers, and because the public interest required the Law Society to consider the professional conduct issues, Mr Neagle's costs of the costs application were disallowed, he was ordered to pay the plaintiff 90 per cent of the costs she was ordered to pay the defendants insofar as they arose from the costs application, and the reasons were to be referred to the Law Society.

Court Disposition

Mr Neagle's costs of the costs application were disallowed, he was ordered to pay to the plaintiff 90 per cent of the relevant costs she was ordered to pay the defendants, and the reasons were to be referred to the Law Society of New South Wales.

Orders

  • ['As between Mr Neagle and the plaintiff, Mr Neagle\'s costs of the costs application, including the preparation of the "Plaintiff\'s Court Book – Costs Application" and the affidavits sworn by him, by the plaintiff, and by Ms Robyn Anne Walton and Ms Elizabeth Mary Atkinson, be disallowed.' 'Mr Neagle pay to the...