Suncorp Finance v Klego & Ors [2000] NSWSC 1073

Suncorp Finance v Klego & Ors [2000] NSWSC 1073

The Court was satisfied that Mr Levick had a reasonable opportunity to oppose the application, that no substantive supported opposition was advanced, and that the proceedings had been defended on an untenable basis with many adjournments and other conduct causing substantial delay and increased costs. The solicitor's course of conduct was found to have been engaged in for the purpose of delaying the proceedings, so the plaintiff's requested personal costs order was made.

Jurisdiction
Australia
Judgment Date
21 November 2000
Procedural Posture
Common Law Proceedings; Application for Costs Order Against Solicitor / Judgment on Plaintiff's Application for an Order That the Defendants' Solicitor Personally Pay Indemnity Costs If the Defendants Fail to Pay
Outcome
Plaintiff's application granted; personal costs order made against the defendants' solicitor, Wayne Levick.
Legal Topics
['indemnity Costs' 'personal Costs Order Against Solicitor' 'delay in Proceedings' 'untenable Defence']
['civil Procedure' 'costs'] ['indemnity Costs' 'personal Costs Order Against Solicitor' 'delay in Proceedings' 'untenable Defence']

Case Brief

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Procedural Posture

Common Law Proceedings; Application for Costs Order Against Solicitor / Judgment on Plaintiff's Application for an Order That the Defendants' Solicitor Personally Pay Indemnity Costs If the Defendants Fail to Pay

Legal Issues

  1. 1 ["Whether the defendants' solicitor, Wayne Levick, should personally pay the plaintiff's indemnity costs to the extent that the defendants fail to pay them." "Whether the solicitor's conduct in defending proceedings on an untenable basis, causing adjournments, delay and increased costs, justified the order sought."]

Ratio Decidendi

The Court was satisfied that Mr Levick had a reasonable opportunity to oppose the application, that no substantive supported opposition was advanced, and that the proceedings had been defended on an untenable basis with many adjournments and other conduct causing substantial delay and increased costs. The solicitor's course of conduct was found to have been engaged in for the purpose of delaying the proceedings, so the plaintiff's requested personal costs order was made.

Court Disposition

Plaintiff's application granted; personal costs order made against the defendants' solicitor, Wayne Levick.

Orders

  • ["Order that, in relation to the order for indemnity costs made on 4 April 2000, the defendant's solicitor, Wayne Levick, pay to the plaintiff such costs to the extent that the defendants fail to pay such costs within fourteen days after service upon Mr Levick of a certificate of determination of costs." 'The orders...