Kallinicos & Anor v Hunt & Ors (Costs) [2006] NSWSC 723

New South Wales Supreme Court

CITATION : Kallinicos & Anor v Hunt & Ors (Costs) [2006] NSWSC 723

HEARING DATE(S) : 13 April 2006 (written submissions closed 29 May 2006)

JUDGMENT DATE : 19 July 2006

JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

DECISION : Solicitor/respondent to pay plaintiffs' costs of motion for his removal. Defendants/former clients to pay solicitor's costs, including the costs which he is liable to pay plaintiffs.

CATCHWORDS : LEGAL PRACTITIONERS – SOLICITORS – COSTS – where solicitor restrained on application of plaintiffs from continuing to act for defendants – where solicitor resisted application at request and on instructions from defendants/former clients – where application had sought costs only against solicitor – whether solicitor was amenable to costs order – whether defendants were amenable to costs order – where defendants and solicitor appeared by common counsel to resist motion – whether solicitor entitled to be indemnified by former clients in respect of costs liability – held, solicitor to pay plaintiffs' costs of motion for his removal, and defendants/former clients to pay solicitor's costs, including the costs which he is liable to pay plaintiffs.

LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW), rr 6.12(4) and 18.3(1)(b)

Attorney General v Wylde (1946) 47 SR (NSW) 99 Belan v Casey [2002] NSWSC 58 Frixione v Tagliaferro & Sons (1856) 10 MooPC 175 Harris v Schembri (NSWSC, Bryson J, 7 November 1995, unreported), BC9501757 Kallinicos v Hunt [2005] NSWSC 1181 Lemoto v Abel Technical Pty Limited (2005) 63 NSWLR 300 Myers v Elman [1940] AC 282 CASES CITED : Re Famatina Development Corporation Limited [1914] 2 Ch 271 Re Wells & Croft; ex parte Official Receiver (1895) 72 LT 359 Ridehalgh v Horsefield [1994] Ch 205 Simpson & Miller v British Industries Trust Limited (1923) 39 TLR 286 Spincode Pty Limited v Look Software Pty Limited (2001) 4 VR 501 The James Seddon (1866) LR 1 A&E 62 Wentworth v Rogers [1999] NSWCA 403 Williams v Lister & Co (1913) 109 LT 699