Woodward v Woodward & Anor (No. 2) [2015] NSWSC 362

Woodward v Woodward & Anor (No. 2) [2015] NSWSC 362

Messrs Bilbie Dan, while not guilty of serious neglect or misconduct, unreasonably failed to clarify their representation and provide timely notice of withdrawal, resulting in unnecessary costs to the plaintiff for which they are responsible under CPA s 99. Accordingly, Bilbie Dan should pay 50% of the relevant costs.

Parties
Plaintiff: Stephen James Woodward; First Defendant: Tyrone Woodward; Second Defendant: Sharon Woodward; Solicitors for Defendants: Messrs Bilbie Dan
Jurisdiction
Australia
Judgment Date
02 April 2015
Procedural Posture
Costs Application / Post Adjournment Costs Determination
Outcome
Partly in favour of defendants (costs order against solicitors)
Legal Topics
Costs Orders Against Solicitors, Withdrawal of Legal Practitioners, Solicitor Liability for Costs
Civil Procedure Legal Profession Costs Orders Against Solicitors Withdrawal of Legal Practitioners Solicitor Liability for Costs

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Parties

Stephen James Woodward

Plaintiff

Tyrone Woodward

First Defendant

Sharon Woodward

Second Defendant

Messrs Bilbie Dan

Solicitors for Defendants

Procedural Posture

Costs Application / Post Adjournment Costs Determination

Legal Issues

  1. 1 Whether Messrs Bilbie Dan should be ordered to pay part or all of the plaintiff's costs thrown away due to adjournment caused by their late withdrawal as solicitors for the defendants under Civil Procedure Act 2005, s 99

Ratio Decidendi

Messrs Bilbie Dan, while not guilty of serious neglect or misconduct, unreasonably failed to clarify their representation and provide timely notice of withdrawal, resulting in unnecessary costs to the plaintiff for which they are responsible under CPA s 99. Accordingly, Bilbie Dan should pay 50% of the relevant costs.

Court Disposition

Partly in favour of defendants (costs order against solicitors)

Orders

  • Messrs Bilbie Dan personally pay pursuant to Civil Procedure Act, s 99, 50 per cent of the costs that the defendants have been ordered to pay the plaintiff.
  • As the first and second defendants have paid $10,000 into Court on account of the plaintiff's costs, Messrs Bilbie Dan must pay $5,000 to the first and second defendants.