Muriniti v Mercia Financial Solutions Pty Ltd

• 1. Appeal
  2. › Leave to appeal
  3. › Whether leave required
  4. › Personal costs order against legal practitioner
  5. › Whether order 'as to costs only'
  6. › Supreme Court Act 1970 (NSW), s 101(2)(c)
• 1. Costs
  2. › Personal costs orders against legal practitioners
  3. › Third-party costs orders
  4. › Solicitor pursuing allegations without proper basis
  5. › Fraudulent misrepresentation and conspiracy allegations
  6. › Legal Profession Uniform Law Application Act 2014 (NSW), Sch 2, cll 5, 6
  7. › Civil Procedure Act 2005 (NSW), s 99
• 1. Costs
  2. › Personal costs orders against legal practitioners
  3. › Statutory presumption of lack of reasonable prospects
  4. › Whether presumption rebutted
  5. › Whether court entitled to rely on findings in substantive judgment
  6. › Legal Profession Uniform Law Application Act 2014 (NSW), Sch 2, cl 6(1)
• 1. Practice and Procedure
  2. › Procedural fairness
  3. › Costs application against legal practitioner
  4. › Whether legal practitioner bound by findings in substantive judgment
  5. › Whether denial of procedural fairness in not reconsidering all evidence

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