King v Muriniti [2018] NSWCA 98

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: King v Muriniti [2018] NSWCA 98 Hearing dates: 23 March 2018 Decision date: 10 May 2018 Before: Basten JA at [1]; Gleeson JA at [48]; Emmett AJA at [53] Decision: (1) Order that Leonardo Carlo Muriniti indemnify Brendan King and Kristina King against the costs payable by them on account of legal fees and disbursements in relation to the proceedings brought against them in this Court by Margo Young, limited to the amount payable by Ms Young pursuant to the costs orders made by the Court in dismissing her appeals in matters No 2015/229797, 2015/229805, 2016/76351 and 2016/76373.

(2) Order that the respondent (Mr Muriniti) pay the costs of the motions filed on 31 October 2016 by the applicants on the motions (Mr and Mrs King) in each proceeding. Catchwords: COSTS — party/party — orders against non-parties — personal costs orders against lawyers — whether lawyer's conduct constitutes serious incompetence or neglect — whether personal costs order should be made

COSTS — party/party — orders against non-parties — personal costs orders against lawyers — scope of jurisdiction — whether jurisdiction includes indemnity with respect to contractual liabilities to lawyers and third parties — Civil Procedure Act 2005 (NSW), s 99(2)(c)

EVIDENCE — judgments and convictions — admissibility of decisions or findings of fact — whether court can rely on findings made in principal proceedings when exercising jurisdiction to order personal costs against lawyer — Evidence Act 1995 (NSW), s 91 Legislation Cited: Civil Procedure Act 2005 (NSW), ss 3, 56, 57, 98, 99 Criminal Procedure Act 1986 (NSW), Ch 6 Evidence Act 2005 (NSW), ss 9, 11, 91, 92, 93, 178, 190; Pt 3.5 Vexatious Proceedings Act 2008 (NSW), s 8