Keddie & Ors v Stacks/Goudkamp Pty Ltd [2012] NSWCA 254

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Keddie & Ors v Stacks/Goudkamp Pty Ltd [2012] NSWCA 254 Hearing dates: 10 February and 12 April 2012 Decision date: 17 August 2012 Before: Beazley JA at [1]; Barrett JA at [197]; Sackville AJA at [198] Decision: 1. Appeal dismissed; 2. Cross-appeal allowed; 3. Set aside order (2) made by the trial judge; 4. Order that the appellants pay the respondent's costs of the notice of motion, those costs to be on an indemnity basis as and from 4 August 2010; 5. Order that the appellants pay the respondent's costs of the appeal and the cross-appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: COSTS - Costs order against law practice - Whether professional negligence claim had reasonable prospects of success - Whether solicitor entitled to rely on expert opinion and counsel advice - Solicitor must turn an independent mind to the matter - Legal Profession Act 2004, ss 345 and 348

COSTS - Costs order against legal practitioner - Unnecessary costs - Costs incurred without reasonable cause in circumstances where legal practitioner responsible for costs unnecessarily incurred - Civil Procedure Act 2005, s 99