› Whether solicitor's conduct satisfied s 99 of the Civil Procedure Act 2005 (NSW)
› Whether conduct 'quite plainly unjustifiable'
› Civil Procedure Act 2005 (NSW), s 99
Appeal
› New points on appeal
› Whether appellant entitled to advance case materially different from that run below
› Whether evidence could have been given below to meet the new point
Quick Take
Personal costs orders against solicitors under s 99 of the CP Act cannot be raised on appeal if the specific basis for the order was not clearly articulated and advanced before the primary judge.
