Wentworth v Rogers [1999] NSWCA 403

New South Wales Court of Appeal CITATION : Wentworth v Rogers [1999] NSWCA 403 FILE NUMBER(S) : CA 40590/97 HEARING DATE(S) : 20 February 1998 and 7 December 1998 JUDGMENT DATE : 29 October 1999

Katherine Wentworth PARTIES : v Gordon Rogers JUDGMENT OF : Handley JA; Stein JA; Sheppard AJA

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT FILE NUMBER(S) : CLD 19228/82 LOWER COURT JUDICIAL OFFICER : Sperling J

COUNSEL : A: Ms Wentworth and Mr Russo in person R: GM Preston SOLICITORS : A: Ms Wentworth and Mr Russo in person R: Richard A Licardy & Company CATCHWORDS : COSTS - Costs on the indemnity basis - Costs orders against legal practitioners - Orders for payment of costs on the indemnity basis made against applicant for relief and also her solicitor - Discussion of principles upon which costs on the indemnity basis ordered - Discussion of principles on which costs orders are made against legal practitioners - Counsel for respondent claimed to have appeared pro bono - Whether appropriate for this matter to be dealt with by Court or costs assessor - Analysis of complex factual situation. Supreme Court Act 1970: ss76, 76C ACTS CITED : Supreme Court Rules: Pt 52A r43 Legal Profession Act 1987: ss199-208 Myers v Elman [1940] AC 282 CASES CITED: Leicester v Walton (22 November 1995, NSW Court of Appeal, unreported) Graham v Aluma-Lite Pty Ltd (25 March 1997, NSW Court of Appeal, unreported) DECISION : Leave granted to appeal against one order of Sperling J, that appeal allowed, application for leave to appeal otherwise dismissed