Kalloghlian v Mitry [2023] NSWCA 198

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kalloghlian v Mitry [2023] NSWCA 198 Hearing dates: 31 March 2023 Date of orders: 29 August 2023 Decision date: 29 August 2023 Before: Gleeson JA at [1] Mitchelmore JA at [2] Adamson JA at [67] Decision: (1) Appeal dismissed with costs. Catchwords: COSTS — Party/Party — Orders against non-parties — Personal costs orders against lawyers — where applicant was defendant/cross-claimant in substantive proceedings resolved by consent — where motion seeking personal costs order against solicitor dismissed — where case below put on basis that defence was woefully prepared — where case on appeal put on basis that lawyer omitted to advise applicant that claim should never have been defended — whether s 99 of the Civil Procedure Act 2005 (NSW) satisfied — whether correct test applied Legislation Cited: Civil Procedure Act 2005 (NSW) Contracts Review Act 1980 (NSW) Home Building Act 1989 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Kalloghlian v Mitry Lawyers Pty Ltd (No 2) [2022] NSWSC 1071 Muriniti v Kalil [2022] NSWCA 109 Muriniti v Mercia Financial Solutions Pty Ltd [2021] NSWCA 180 NHB Enterprises Pty Ltd v Corry (No 5) [2020] NSWSC 1838 Re Felicity; FM v Secretary, Department of Family and Community Services (No 4) [2015] NSWCA 19 Ridehalgh v Horsefield [1994] Ch 205 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418; [1950] HCA 35 Water Board v Moustakas (1988) 180 CLR 491; [1988] HCA 12 Wentworth v Rogers [1999] NSWCA 403 Category: Principal judgment Parties: Avedis Kalloghlian (Appellant) Richard Louis Mitry (Respondent) Representation: Counsel: M J Neil RFD KC / E L Bartley (Appellant) M F Newton (Respondent)