Kalil v Eppinga

Kalil v Eppinga is a case before the Supreme Court of New South Wales, involving a dispute between the plaintiffs and the defendants. The plaintiffs sought a personal costs order against the defendants' solicitors under section 99 of the Civil Procedure Act 2005 due to unsatisfactory professional conduct and professional misconduct exhibited by the defendants' solicitors. The plaintiffs alleged that the solicitors made baseless allegations of a collateral purpose, displayed incompetence, and breached their ethical obligations.

The primary legal issue the court had to address was whether the plaintiffs were entitled to a personal costs order against the defendants' solicitors for their conduct during the proceedings. This required the court to examine the conduct of the solicitors in detail and determine whether it warranted such a costs order. The court also had to consider the relevant legal principles and precedents that govern the making of such orders.

The court found that the solicitors' conduct was indeed unsatisfactory and amounted to professional misconduct. The baseless allegations of a collateral purpose, the demonstrated incompetence, and the breach of ethical obligations were significant factors in the court's decision. As a result, the court granted the plaintiffs' application for a personal costs order. The costs were to be paid on an indemnity basis and immediately, with the plaintiffs having the option to have the costs assessed if they were not agreed upon. Additionally, the matter was referred to the Legal Services Commissioner to investigate the solicitors' conduct further.

The court's final order mandated that the defendants' solicitors, Leonardo Carlo Muriniti and Robert Duane Newell, pay the plaintiffs' costs associated with several applications and hearings, including those related to the personal costs order application. The payment was to be made immediately, and the matter was referred for further investigation into the solicitors' conduct.