Insurance Australia Ltd t/a NRMA Insurance v Milton (No 2) [2016] NSWCA 173

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Insurance Australia Ltd t/a NRMA Insurance v Milton (No 2) [2016] NSWCA 173 Hearing dates: On the papers Decision date: 25 July 2016 Before: Basten JA, Leeming JA, Simpson JA Decision: In place of order (5) made on 5 July 2016 (but not entered) the Court makes the following order:

(5) Order that the appellant's solicitor –

(a) not charge his client with more than 50% of the costs and disbursements associated with preparing the Blue appeal books; (b) to the extent that such costs or disbursements have already been paid or might be paid in the future, reimburse the client for that amount; and (c) give the client written notification of the terms of this order. Catchwords: APPEAL – preparation of appeal books – inclusion of unnecessary material – failure to comply with Uniform Civil Procedure Rules 2005 (NSW), r 51.29 – whether to impose sanction on practitioner

PRACTICE AND PROCEDURE – costs – inclusion in appeal books of documents not relevant and necessary for conduct of appeal – whether order should be made denying solicitor right to recover costs of preparation of appeal books from client

WORDS AND PHRASES – "relevant and necessary" Legislation Cited: Evidence Act 1995 (NSW), s 55 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 51.29 Category: Costs Parties: Insurance Australia Ltd t/as NRMA Insurance (Appellant) Representation: Counsel: Mr M A Robinson SC