Anstee and Calnan v Eyers

The proceedings before the court involved Anstee and Calnan as applicants seeking a review of costs incurred in two separate matters, with the respondents being Eyers. The applicants argued that the costs incurred in the first proceeding were excessive and should not have been awarded as solicitor-client costs since the respondent was essentially brought to court to address allegations of professional incompetence. In the second proceeding, the applicants sought to overturn an indemnity certificate that had been granted to the respondents. The case was heard and determined by the Supreme Court of Victoria.

The legal issues before the court centred on the principles governing the award of costs in professional negligence cases and the application of indemnity costs under the Appeal Costs Act 1998 (Vic). Specifically, the court had to decide whether the costs incurred in the first proceeding, which included solicitor-client costs, were appropriate given the nature of the claims and the outcome. Additionally, the court needed to assess whether the indemnity certificate in the second proceeding was justified under the statutory provisions.

The Supreme Court determined that the ground regarding the solicitor-client costs in the first proceeding was not adequately pursued at the trial stage, thus it would not be considered. The court found that the costs otherwise should follow the event, meaning they should be awarded in line with the outcome of the case. Regarding the indemnity certificate in the second proceeding, the court found that it was appropriate under the provisions of the Appeal Costs Act 1998 (Vic) s 4. Therefore, the applicants' appeal was dismissed, and the costs orders remained as originally determined.

No further orders were made by the court beyond affirming the existing costs orders in both proceedings.