Hollier v Sutcliffe

The appeal in *Hollier v Sutcliffe* was brought before Allsop P of the Supreme Court of New South Wales. The primary dispute concerned an application to dismiss the appeal for want of despatch. Additionally, the court considered whether legal practitioners could be held liable for unnecessary costs, specifically in circumstances involving serious neglect, serious incompetence, or serious misconduct.

The court was required to determine whether the appeal should be dismissed due to a lack of timely progress. Furthermore, it had to assess the circumstances under which legal practitioners might be held responsible for costs incurred due to their conduct, focusing on the threshold of serious neglect, incompetence, or misconduct.

Allsop P ordered the dismissal of the appeal with costs, pursuant to Pt 12 r 12.7 of the Uniform Civil Procedure Rules. The court also refused certain orders sought in a further amended notice of motion. Regarding the costs of that motion as between the applicant on the motion (who was the respondent to the appeal) and CMC Lawyers, the applicant was ordered to pay CMC Lawyers' costs of briefing counsel for a specific court appearance, but otherwise, there were no orders as to costs. The applicant was directed to provide the appellant with a copy of the orders and reasons within seven days of receiving the settled form of orders and reasons.