Masterton Homes v Grabic & Anor [2016] NSWSC 924

Masterton Homes v Grabic & Anor [2016] NSWSC 924

The allegation of serious misconduct by the solicitor was not made out. The conduct (sending the email) did not amount to serious misconduct as there was no clear evidence of a false statement or improper reprisal; the application for a costs order under s 99 Civil Procedure Act 2005 (NSW) was therefore dismissed.

Jurisdiction
Australia
Judgment Date
25 May 2016
Procedural Posture
Application for Costs Order Against Solicitor Under S 99 Civil Procedure Act / Final Judgment on Application
Outcome
Application dismissed.
Legal Topics
['costs Against Solicitors' 'serious Misconduct' 'civil Procedure Act S 99' 'application for Costs' 'legal Practitioner Personal Liability']
['civil Procedure' 'legal Profession'] ['costs Against Solicitors' 'serious Misconduct' 'civil Procedure Act S 99' 'application for Costs' 'legal Practitioner Personal Liability']

Case Brief

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Procedural Posture

Application for Costs Order Against Solicitor Under S 99 Civil Procedure Act / Final Judgment on Application

Legal Issues

  1. 1 ["Whether solicitor's conduct amounted to serious neglect, serious incompetence, or serious misconduct under s 99(1)(a) Civil Procedure Act 2005 (NSW)" 'Whether the impugned conduct must occur in the conduct of litigation to engage s 99' "Whether the costs were incurred 'by' the solicitor's alleged misconduct" 'Whether there are discretionary reasons to refuse the application']

Ratio Decidendi

The allegation of serious misconduct by the solicitor was not made out. The conduct (sending the email) did not amount to serious misconduct as there was no clear evidence of a false statement or improper reprisal; the application for a costs order under s 99 Civil Procedure Act 2005 (NSW) was therefore dismissed.

Court Disposition

Application dismissed.

Orders

  • ["The plaintiff pay the respondents' costs of the notice of motion of 26 February 2016 in the agreed sum of $6,500 inclusive of GST." 'Application for stay of the order refused.']