Craig v Johnson [2021] NSWSC 90

Supreme Court New South Wales

Medium Neutral Citation: Craig v Johnson [2021] NSWSC 90 Hearing dates: 9 December 2020 Decision date: 17 February 2021 Jurisdiction: Common Law Before: Button J Decision: (1) Leave to appeal granted. (2) Appeal dismissed. (3) Costs reserved. Catchwords: COSTS — costs assessment — application for leave to appeal from decision of costs review panel — where asserted negligence by solicitors for opponents incurred costs of their clients — correspondence between solicitors in negligence claim — subpoenaed documents substantially covered by privilege —negligence assertedly arising from failure of opposing party to alert applicants as to futility of their own appeal — role of solicitors for opposing party in adversarial system Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Evidence Act 1995 (NSW), s 136 Legal Profession Uniform Law Application Act 2014 (NSW), ss 76, 89 Cases Cited: Craig and Ors v Silverbrook and Ors [2013] NSWSC 1687 Craig v Silverbrook [2016] NSWSC 530 Craig & Ors v Johnson & Ors [2018] NSWSC 1539 Craig v Silverbrook [2016] NSWSC 530 Craig v Johnson [2020] NSWSC 423 Category: Procedural rulings Parties: Loretta Kistmah Craig (1st Applicant) Vincent Desmond Craig (2nd Applicant) D & L Craig and Associates Pty Ltd (3rd Applicant) DLC Properties Pty Ltd (4th Applicant) DLCF Pty Ltd (5th Applicant)