The Court enforced a solicitor's equitable lien of $141,329.62 over settlement funds held in court, finding a sufficient causal link between the solicitor's exertions and the recovery of the funds, and that the client's failure to apply for costs assessment within the statutory period meant the invoiced amount was properly owing. The Court granted O'Hearn Lawyers a gross sum costs order of $94,961.22 but refused Mr Korlevic's gross sum application because his solicitor's evidence failed to explain why all work was performed by the partner at $550/hour with no delegation to junior lawyers, and disclosed apparent duplication with counsel's work — illustrating the evidentiary standard required under s 98(4)(c). The Court exercised its costs discretion to award Mr Korlevic indemnity costs based on a contractual indemnity clause in a Deed of Release, construing the clause's 'arising out of or connected with' language broadly to encompass the unsuccessful party's post-settlement motions, and invoked the slip rule to preserve the plaintiff's limitation-period-affected causes of action by withdrawing a foreshadowed order to discharge the stay of dismissal.
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