NSW Caselaw
New South Wales Supreme Court
CITATION : Karwala v Skrzypczak Re Estate of Ratajczak [2007] NSWSC 931
HEARING DATE(S) : 30 July 2007
JUDGMENT DATE : 23 August 2007
JURISDICTION : Equity Division Probate List
JUDGMENT OF : Windeyer J at 1
DECISION : Order respondent indemnify the applicant against the costs payable by her to the extent of $9,000.
CATCHWORDS : COSTS - unnecessary costs - claim for costs order against barrister to indemnify successful party against her own costs - matters for consideration - LEGAL PRACTITIONERS - incompetence of counsel - claim that barrister pay part of costs - Civil Procedure Act 2005 s99(c)
LEGISLATION CITED : Civil Procedure Act, s99(c)
Bagley v Pinebelt Pty Limited [2000] NSWSC 655 Briginshaw v Briginshaw (1938) 60 CLR 336 Harley v McDonald [1999] 3 NZLR 545 CASES CITED : Ideal Waterproofing Pty Limited v Buildcorp Australia Pty Limited & Ors [2006] NSWSC 155 In Re a Barrister (Wasted Costs Order) (No 1 of 1991) [1993] QB 293 Leicester v Walton (22 November 1996, NSW Court of Appeal) Ridehalgh v Horsefield and other cases [1994] ch 205
Maria Karwala (Plaintiff) PARTIES : Jadwiga Skrzypczak (Defendant/Applicant on notice of motion) Ignatius Nwafor (Respondent to notice of motion)
FILE NUMBER(S) : SC 100898 of 2003
COUNSEL : Mr S Galitsky (Applicant on notice of motion) Mr R J Weber SC (Respondent to notice of motion)
SOLICITORS : G A Kinsey (Applicant on notice of motion) Moray & Agnew (Respondent to notice of motion)
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