NSW Caselaw
New South Wales Court of Appeal
CITATION: Firth v Wowk & Ors [2008] NSWCA 104
HEARING DATE(S): 21 May 2008
JUDGMENT DATE: 21 May 2008
JUDGMENT OF: Giles JA at 1; McColl JA at 24; Bell JA at 25
EX TEMPORE JUDGMENT DATE: 21 May 2008
DECISION: (1) Appeal allowed; (2) Set aside the order made on 19 April 2007 that Mr Firth indemnify the defendants in respect of the costs order made in paragraph 19; (3) Reserve the question of costs below and on appeal.
CATCHWORDS: Costs - order against solicitor if provided legal services without reasonable prospects of success - order authorised by s 348(1)(b) Legal Profession Act that solicitor indemnify for costs payable by party indemnified - order made that solicitor indemnify with respect to costs payable by another party to party indemnified - not authorised by s348(1)(b) - order set aside.
CATEGORY: Principal judgment
CASES CITED: Laurence v M D Nikolaidis & Co [2003] NSWCA 129; (2003) 57 NSWLR 355.
Stephen Paul Firth - Appellant PARTIES: Jury Wowk and Michael Donovan - First Respondents Neil Kennedy - Second Respondent
FILE NUMBER(S): CA 40301/07
A S Morrison SC & R I Goodridge - Firth COUNSEL: Submitting appearance - Wowk No appearance - Donovan No appearance - Kennedy
SOLICITORS: Firths - The Compensation Lawyers - Firth Home Wilkinson Lowry - First Respondent Wowk
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 3110/05
LOWER COURT JUDICIAL OFFICER: Truss DCJ
LOWER COURT DATE OF DECISION: 19 April 2007
LOWER COURT MEDIUM NEUTRAL CITATION: Neil Kennedy v Jury Wowk and Michael Donovan & Anor, Truss DCJ, 19 April 2007
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