Kallinicos & Anor v Hunt & Ors (Costs) [2006] NSWSC 723

Kallinicos & Anor v Hunt & Ors (Costs) [2006] NSWSC 723

The solicitor (Mr Moloney) is to pay the plaintiffs' costs of the motion for his removal because he appeared to oppose the application and was unsuccessful; however, since his resistance was on the instructions and for the benefit of his clients (the defendants), and absent any misconduct, he is entitled to be indemnified by them for those costs, meaning the defendants/former clients must pay the solicitor's costs, including the amounts for which he is liable to the plaintiffs.

Jurisdiction
Australia
Judgment Date
19 July 2006
Procedural Posture
Application/motion for Costs in Equity Proceedings / Post Interlocutory, Costs Determination Following Substantive Order
Outcome
Application to set aside or vary previous costs order dismissed; orders made confirming costs liability and indemnity as between parties.
Legal Topics
['costs Orders Against Solicitors' 'party/party Costs' 'indemnity of Solicitors by Clients' 'restraint of Solicitor From Acting' 'supervisory Jurisdiction Over Legal Practitioners']
['legal Practice' 'civil Procedure'] ['costs Orders Against Solicitors' 'party/party Costs' 'indemnity of Solicitors by Clients' 'restraint of Solicitor From Acting' 'supervisory Jurisdiction Over Legal Practitioners']

Case Brief

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Procedural Posture

Application/motion for Costs in Equity Proceedings / Post Interlocutory, Costs Determination Following Substantive Order

Legal Issues

  1. 1 ['Whether solicitor (Mr Moloney) should bear costs of motion restraining him from acting for defendants' 'Whether defendants/former clients should indemnify solicitor in respect of costs liability incurred by solicitor' 'Whether costs order against solicitor should be set aside or varied']

Ratio Decidendi

The solicitor (Mr Moloney) is to pay the plaintiffs' costs of the motion for his removal because he appeared to oppose the application and was unsuccessful; however, since his resistance was on the instructions and for the benefit of his clients (the defendants), and absent any misconduct, he is entitled to be indemnified by them for those costs, meaning the defendants/former clients must pay the solicitor's costs, including the amounts for which he is liable to the plaintiffs.

Court Disposition

Application to set aside or vary previous costs order dismissed; orders made confirming costs liability and indemnity as between parties.

Orders

  • ['Application to set aside or vary Order 2 made on 22 November 2005 dismissed.' "Mr Moloney to pay the plaintiffs' costs of the application to vary Order 2 of 22 November 2005." "First, second, and third defendants to pay Mr Moloney's costs of the Notice of Motion, including the costs he is liable to pay the...