It is improper for counsel to present, even on instructions, a case which counsel regards as bound to fail, because if counsel so regards it, counsel must also regard it as unarguable. The English Court of Appeal's statements in Ridehalgh v Horsefield suggesting otherwise should not be followed in Queensland. The jurisdiction to order costs against a legal representative personally requires unreasonable conduct related to a serious dereliction of duty to the court or the administration of justice, not merely the pursuit of a weak case.
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