Wentworth v Rogers

[1999] NSWCA 403

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Indemnity costs
3. › Misconduct as basis for indemnity costs order
4. › Misleading the court in ex parte proceedings
5. › Failure to disclose material evidence
6. › Gross waste of court time
7. › Whether misconduct warranted indemnity costs
1. Costs
2. › Costs orders against legal practitioners
3. › Solicitor on the record while client conducts case in person
4. › Responsibility of solicitor for client's misconduct
5. › Whether solicitor must bear responsibility for client's conduct before court
6. › Supreme Court Act 1970 (NSW), s 76C
7. › Supreme Court Rules, Pt 52A r 43
1. Costs
2. › Pro bono retainer
3. › Whether costs recoverable where solicitor and counsel retained pro bono
4. › Whether question properly determined by court or costs assessor
5. › Legal Profession Act 1987 (NSW), ss 199-208
1. Costs
2. › Set-off of costs orders
3. › Whether order denying set-off of costs between same parties in related proceedings was warranted

Quick Take

A solicitor who remains on the record while the client conducts the case in person must take responsibility for the client's conduct and cannot shelter behind the client; if the client's conduct amounts to misconduct, the solicitor bears personal responsibility and may be ordered to pay costs on the indemnity basis. The question whether a pro bono retainer precludes costs recovery is for a costs assessor under the Legal Profession Act 1987 (NSW), not for the court.