A former solicitor who brings a motion over the fruits of a judgment but abandons it at hearing is not entitled to a favourable costs order merely because the former client failed to keep the solicitor informed about the progress of litigation, particularly where the motion suffered from inherent jurisdictional defects. Section 46 of the Supreme Court Act 1970 (NSW) does not authorise a single Judge of Appeal to make injunctive orders over the fruits of a judgment at first instance.
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