NSW Caselaw
Reported Decision: 76 NSWLR 405
New South Wales Court of Appeal
CITATION: Kelly v Jowett [2009] NSWCA 278 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 7 August 2009
JUDGMENT DATE: 4 September 2009
JUDGMENT OF: Beazley JA at 1; McColl JA at 2; Barrett J at 95
DECISION: In addition to orders 1 and 2 made by consent in the Short Minutes of Order dated 15 December 2008: 1. Join Robert Stanley Bryden and Bandeli Hagipantelis as respondents to the appeal. 2. Set aside orders 3 and 4 made by McLaughlin As-J on 29 May 2008. 3. In place of orders 3 and 4 order Robert Stanley Bryden and Bandeli Hagipantelis to pay Kenneth Rowland Jowett's costs of the conduct of the Equity Proceedings up to and including 29 May 2008 on an indemnity basis. 4. Order Robert Stanley Bryden and Bandeli Hagipantelis to pay Kenneth Rowland Jowett's costs of the stay application before Brereton J on an indemnity basis. 5. Order Robert Stanley Bryden and Bandeli Hagipantelis to pay Kenneth Rowland Jowett's costs of the substantive appeal, including his notices of motion of 15 October 2008 and 19 May 2008 and the summons seeking leave to appeal on an indemnity basis. 6. Order that all the above costs orders be satisfied by Robert Stanley Bryden and Bandeli Hagipantelis paying the costs directly to Kenneth Rowland Jowett or his legal representatives. 7. Order that all the above costs orders be payable forthwith. 8. Dismiss the summons seeking leave to appeal.
CATCHWORDS: COSTS – wasted costs jurisdiction – defence of Family Provision Act 1982 (NSW) proceedings left to employed solicitor – delinquency in their handling – whether principals personally liable for wasted costs incurred by plaintiff – Uniform Civil Procedure Rules 2005 (NSW) 42.3(g) and Civil Procedure Act 2005 (NSW), s 99 - LEGAL PRACTITIONERS – duties and liabilities – duty to the Court, to their client and to the other party to proceedings - LEGAL PRACTITIONERS – retainer with clients
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