Sedrak v Starr (No 2) [2010] NSWCA 298

Parties

Procedural Posture

Appeal / Consequential Orders

Legal Issues

1. 1 Whether costs were incurred by the appellant as a result of serious neglect, incompetence, or misconduct of legal practitioners under s 99(1)(a) or (b) of the Civil Procedure Act 2005
2. 2 Whether orders should be made disallowing such costs under s 99(2) and (5) of the Civil Procedure Act 2005
3. 3 Whether the conduct of junior counsel and instructing solicitor should be referred to the Legal Services Commissioner

Ratio Decidendi

Costs of preparing specific written submissions and multiple versions of appeal books are disallowed as they were incurred due to deficiencies or unnecessary duplication not justified to the Court's satisfaction. Referral of junior counsel's conduct except regarding appeal books is warranted for possible further action.

Court Disposition

costs disallowed in part; referral ordered

Orders

• Disallow as between Mr Santisi, junior counsel for the appellant, and the appellant, the costs of preparing the amended written submissions (25 May 2010, and earlier), statement as to challenges to findings (25 May 2010 and earlier), and written submissions in reply (30 August 2010 and earlier).
• Disallow as between JN Legal, solicitors for the appellant and Mr Santisi, on the one hand, and the appellant on the other, the costs of preparing more than one version of the Blue and Black appeal books except one version containing only documents required by the Court.