Recent Cases

Gokani v Visvalingam Pty Ltd [2023] NSWCA 80 (26 April 2023) (Leeming JA at [1]; Basten AJA at [2]; Griffiths AJA at [90])


Catchwords:


COSTS – personal costs order against solicitor for defendant – filing of defence – statement of claim deficient – no affirmative defence pleaded – whether costs incurred “without reasonable cause” – Civil Procedure Act 2005 (NSW), s 99

COSTS – costs order against solicitor – whether plaintiff’s claim was for “damages” – statement of claim sought repayment of debt – Legal Profession Uniform Law Application Act 2014 (NSW), Sch 2, cl 5

EVIDENCE – appeal – further evidence – evidence available during trial – waiver of privilege – liquidator appointed to solicitor’s client – privilege waived by liquidator – solicitor’s file not produced – no reliance on proposed tender in course of submissions