Andrew Marshall v Stacks/Goudkamp Pty Limited [2011] NSWDC 5

District Court New South Wales

Medium Neutral Citation: Andrew Marshall v Stacks/Goudkamp Pty Limited [2011] NSWDC 5 Hearing dates: 15, 16, 17 & 18 November 2010 Decision date: 04 February 2011 Before: Colefax DCJ Decision: (1) Pursuant to section 348 of the Legal Profession Act , and subject to Order (2), Keddies Solicitors to indemnify Stacks/Goudkamp Pty Limited for costs payable or incurred by Stacks/Goudkamp Pty Limited in the proceedings brought in matter No. 295654 of 2007. (2) Keddies to indemnify Stacks/Goudkamp Pty Limited for two-thirds of the costs payable or incurred by Stacks/Goudkamp Pty Limited in the Notice of Motion initially filed 17 May 2010 and amended on 12 August 2010. (3) Direct the Registrar to provide the Office of the Legal Services Commissioner with a copy of these Reasons in order that the Commissioner may consider whether any legal practitioner acting on behalf of Mr Marshall has engaged in professional misconduct or unsatisfactory professional conduct. (4) Exhibits to be returned after 28 days. (5) Any application to vary the costs orders to be notified to my associate within 7 days. Catchwords: Personal costs orders against solicitors - Referral of solicitors' conduct to Office of the Legal Services Commissioner Legislation Cited: Legal Profession Act 2004 (NSW) s348 Civil Procedure Act 2005 (NSW) ss98 & 99 Category: Principal judgment Parties: Stacks/Goudkamp Pty Limited (Applicant) Keddies Solicitors (Respondent) Representation: Solicitors: Stacks/Goudkamp Pty Limited (Applicant) Keddies Solicitors (Respondent) File Number(s): 295654 of 2007