Muriniti v Kalil

1 NSWLR 171; [2022] NSWCA 109

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Orders against non-parties
3. › Personal costs orders against lawyers
4. › Whether deficiencies in pleadings amounted to serious incompetence warranting personal costs order
5. › Civil Procedure Act 2005 (NSW), s 99
1. Costs
2. › Orders against non-parties
3. › Personal costs orders against lawyers
4. › Timing of application
5. › Whether application should ordinarily be made at conclusion of proceedings
6. › Risk of prejudice to client from premature application
7. › Civil Procedure Act 2005 (NSW), s 99
1. Costs
2. › Orders against non-parties
3. › Personal costs orders against lawyers
4. › Irrelevant considerations
5. › Whether primary judge erred in having regard to conduct in unrelated cases, conduct during hearing, and timesheets
1. Practice and Procedure
2. › Procedural fairness
3. › Referral to Legal Services Commissioner
4. › Whether practitioner entitled to opportunity to be heard before referral

Quick Take

Personal costs orders under s 99 CPA must be deferred until the conclusion of proceedings and confined to the specific conduct said to have caused unnecessary costs, without reliance on the opposing lawyer's conduct in unrelated cases or during the hearing of the application itself.