Trial judge’s order that plaintiff’s solicitor pay costs personally overturned

The New South Wales Court of Appeal overturned a trial judge’s order that the plaintiff’s solicitor personally pay costs of joining a particular party against whom leave to discontinue was successfully sought in the first days of the trial. The order was made under s. 348 of the NSW Legal Profession Act, 2004, in a division of the Act (Part 3.2, Div 10) headed “Costs in civil claims where no reasonable prospects of success”. Basten JA gave the lead judgment with which the other judges agreed. The case is Flower v Toro Contructions Pty Ltd [2008] NSWCA 178

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