King v Muriniti

(2018) 97 NSWLR 991; [2018] NSWCA 98

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Orders against non-parties
3. › Personal costs orders against lawyers
4. › Jurisdiction under Civil Procedure Act 2005 (NSW), s 99
5. › Whether power includes indemnity with respect to contractual liabilities to lawyers and third parties
6. › Whether conduct constitutes serious incompetence or neglect
7. › Civil Procedure Act 2005 (NSW), s 99(2)(c)
1. Evidence
2. › Judgments and convictions
3. › Admissibility of decisions or findings of fact
4. › Whether court can rely on findings made in principal proceedings when exercising jurisdiction to order personal costs against lawyer
5. › Whether s 91 of Evidence Act engaged in costs application under s 99
6. › Evidence Act 1995 (NSW), s 91
1. Practice and Procedure
2. › Abuse of process
3. › Whether solicitor entitled to re-litigate findings made in substantive proceedings on costs application

Quick Take

Section 91 of the Evidence Act 1995 (NSW) does not prevent a court from relying on findings in its principal judgment when exercising jurisdiction under s 99 of the Civil Procedure Act 2005 (NSW) to make personal costs orders against lawyers, and s 99(2)(c) extends to indemnifying a party against contractual liabilities to its own lawyers.