The Court ordered reconstitution of misapplied trust funds totalling approximately $2.37 million plus interest, restitution of fees charged above agreed tender rates, and damages of $504,698 for misleading or deceptive conduct in relation to bill of costs preparation, with mechanisms to avoid double recovery across overlapping claims. Indemnity costs were ordered for the entirety of the proceedings based on the Redenbach parties' unreasonable conduct — including pursuing defences based on conversations the controlling solicitor knew to be false, unnecessarily prolonging the hearing, delaying proceedings, maintaining groundless cross-claims against individuals protected by statutory immunity under Local Government Act 1993 (NSW) s 731, and failing to accept genuine offers of compromise. Gross sum costs orders were made ($770,000 for Council/Nankivell and $360,000 for Roncon) applying a 10% discount to total invoiced amounts, with the Court accepting solicitor evidence of costs incurred without requiring production of underlying costs agreements or invoices.
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