Rodi v Gelonesi

[2016] NSWCA 348

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Personal costs orders against legal practitioners
4. › Application under ss 98 and 99 Civil Procedure Act 2005 (NSW)
5. › Whether delay of over three years precluded exercise of discretion
6. › Whether egregious and unexplained delay fatal to application
1. Practice and Procedure
2. › Variation of judgments and orders
3. › UCPR r 36.16
4. › Whether personal costs order against solicitor constitutes variation of existing costs order or supplemental order
5. › Whether 14-day time limit in r 36.16(3A) applies
6. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A)
1. Costs
2. › Personal costs orders against solicitors
3. › Civil Procedure Act 2005 (NSW), ss 98, 99
4. › Whether costs incurred by serious neglect, incompetence or misconduct of legal practitioner
5. › Whether proceedings conducted improperly or without reasonable cause

Quick Take

Applications for personal costs orders against legal practitioners under ss 98 or 99 of the Civil Procedure Act 2005 (NSW) must be brought in a timely fashion and supported by cogent evidence; a delay of over three years that is egregiously and almost wholly unexplained will be fatal to the application. The insolvency of the original costs debtor does not strengthen the case for a personal costs order against the solicitor. Whether such applications are subject to the 14-day time limit in UCPR r 36.16(3A) remains unresolved.