Kalil v Eppinga [2020] NSWDC 407

District Court New South Wales

Medium Neutral Citation: Kalil v Eppinga [2020] NSWDC 407 Hearing dates: 5 September 2019, 11 October 2019, 25 November 2019, 4 December 2019, 11 December 2019, 20 March 2020, 23 April 2020, 29 April 2020, 30 April 2020, 1 May 2020 Date of orders: 24 July 2020 Decision date: 24 July 2020 Jurisdiction: Civil Before: Wass SC DCJ Decision: (1) The following costs be paid in accordance with order 2 below: (a) The Plaintiffs' costs of and occasioned by the Defendants' application for leave to file a proposed amended defence provided to the Plaintiffs' lawyers on 15 August 2019 including the costs of and occasioned by the hearing on 5 September 2019. (b) The Plaintiffs' costs of and occasioned by the Defendants' application for leave to file the 2nd proposed amended defence provided to the Plaintiffs' lawyers on 20 September 2019. (c) The Plaintiffs' costs of and occasioned by the Defendants' application for leave to file the 3rd proposed amended defence to the plaintiffs' lawyers on 26 September 2019. (d) The Plaintiffs' costs of an occasioned by the Defendants' application for leave to file the 4th proposed amended defence including the costs of and occasioned by the hearings on 25 November 2019, 4 December 2019 and 11 December 2019. (e) The Plaintiffs' costs of and occasioned by the Plaintiffs application for a personal costs order pursuant to Section 99 of the Civil Procedure Act 2005 including costs of and occasioned by the hearings on 20 March 2020, 23, 29, 30 April 2020 and 1 May 2020. (2) The costs ordered in order (1) above are to be: (a) Paid to the Plaintiffs by Leonardo Carlo Muriniti and Robert Duane Newell; (b) Paid upon the indemnity basis; and (c) Payable forthwith, with leave to the Plaintiffs to have the costs assessed forthwith, if not agreed. Noted: Papers are referred to the Legal Services Commissioner to determine whether or not Mr Muriniti and/or Mr Newell have engaged in unsatisfactory professional conduct or professional misconduct. Catchwords: COSTS - s 99 personal costs order application made by plaintiffs against defendants' solicitors - indemnity costs - unsatisfactory professional conduct - professional misconduct - baseless allegations of collateral purpose - incompetence - breach of ethical obligations. Legislation Cited: Civil Procedure Act 2005 Evidence Act 1995 Defamation Act 2005 Cases Cited: Ridehalgh v Horsefield [1994] EWCA Civ 40 De Costi Seafoods (Franchises) Pty Limited and Anor v Wachtenheim and Anor (No 6) [2016] NSWDC 378 King v Muriniti [2018] NSWCA 98 Hockey v Fairfax Media Publications [2015] FCA 652 Lemoto v Able Technical Pty Ltd & 2 Ors [2005] NSWCA 153 King v Muriniti [2018] NSWCA 98 Young v Hones (No 2) [2014] NSWCA 338 Young v King (No 3) [2012] NSWLEC 42 Young v King (No 4) [2012] NSWLEC 236 Young v King (No 6) [2015] NSWLEC 111 Young v King (No 8) [2015] NSWLEC 187 Young v King (No 9) [2016] NSWLEC 4 Young v King (No 11) [2017] NSWLEC 34 Young v King [2016] NSWCA 282 Lawcover Insurance Pty Ltd v Leonardo Carlo Muriniti & Robert Duane Newell [2017] NSWSC 1557 Muriniti; Newell v Lawcover Insurance Pty Ltd (No 2) [2018] NSWCA 311 Young v Hughes Trueman Pty Ltd [2016] FCA 1176 Young v Hughes Trueman Pty Ltd (No 4) [2017] FCA 456 Young v Hughes Trueman Pty Ltd [2016] FCCA 989 Muriniti v King; Newell v Hemmings [2019] NSWCA 232 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Cultus Petroleum v OMV Australia [1999] NSWSC 435 Seller v Jones [2014] NSWCA 19 Zarth v Williamson & Ors [2006] NSWCA 246 Young v Hughes Trueman [2016] FCCA 989 Category: Costs Parties: Mahmoud Kalil (Plaintiff) Ellie Rose Eppinga (Defendant) Representation: Counsel: N/A