Mannix v Loumbos Pty Ltd

[2000] NSWCA 32

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Departure from usual order
4. › Successful party deprived of costs
5. › Whether conduct of successful party effectively invited the litigation
6. › Whether failure to make comprehensive file note and failure to explain lease clause at execution amounted to disentitling misconduct
1. Appeal
2. › Costs orders
3. › Appellate review of discretionary costs order
4. › Whether discretion miscarried
5. › Breach of principle in exercise of discretion

Quick Take

A solicitor's failure to make a comprehensive file note and failure to re-explain a lease clause at execution, where the matter had been discussed and instructions obtained the previous day, does not constitute misconduct disentitling the solicitor to costs as a successful defendant in professional negligence proceedings. The conduct must have a demonstrable connection to the opponent's decision to litigate.