Darbar and Batey & Anor (No 2)

The case of *Darbar and Batey & Anor (No 2)* concerned an application for costs made by the second respondent against the first respondent and her solicitor. The dispute arose in the context of family law proceedings, with the court being asked to determine whether orders for costs should be made against the first respondent and her legal representative, and specifically whether indemnity costs were warranted.

The primary legal issues before the court were whether the first respondent should be ordered to pay the second respondent's costs on an indemnity basis, and whether the solicitor for the first respondent should be held personally liable for those costs. The court was required to consider the principles governing the award of indemnity costs and the circumstances under which a legal practitioner might be personally liable for costs.

Rose J ordered that the first respondent pay the second respondent's costs on an indemnity basis in relation to the second respondent's Application in a Case filed on 21 February 2011, including all relevant correspondence and preparation, to be assessed and agreed or taxed. However, the application for costs against the lawyer for the first respondent was dismissed.