21 Dec 2007
GIBSON V MINTER ELLISON RUDD WATTS CA CA202/05
- Citation
- openlaw-1c351d7c_fe71_45b5_ae9b_fa096492a76b.pdf
- Court
- Court of Appeal
The Court of Appeal upheld the High Court's substantive dismissal of the appellant's claims: appellant failed to prove eligibility for legal aid, no conflict of interest arose requiring Minters to cease acting, delays were justified by prioritisation and appellant's financial incapacity and not attributable to culpable conduct by Minters, and no assurance of full recovery was made; however the High Court costs approach was erroneous and costs were recalculated and substituted by the Court of Appeal to $211,290 plus disbursements and interest, and CA costs of $20,000 were awarded to respondent.