Macteldir Pty Limited v Roskov

Macteldir Pty Limited (the Client) filed an application against its former solicitor and barrister (the Wrongdoers), seeking orders for the Wrongdoers to repay certain costs previously ordered to be paid to them by the Client. The Client also sought to disallow certain costs of the proceeding and to have the Wrongdoers pay the Client’s costs of the application. The primary judge dismissed the application and ordered the Client to pay the costs of the proceeding to the Wrongdoers. The Client appealed this decision.

The legal issues before the court were whether the primary judge correctly identified the relevant principles in relation to a client’s claim under Order 62 rule 9, and whether the primary judge was correct to find that the Wrongdoers had not engaged in unreasonable conduct that would justify the Client’s claim.

The court found that the primary judge correctly identified the relevant principles and applied them to the facts of the case. The court held that a client must demonstrate a serious dereliction of duty by the legal practitioner or a failure on the part of the legal practitioner to fulfil a duty owed to the Court to aid in promoting, in the practitioner’s own sphere, the cause of justice. The court found that the primary judge had correctly applied these principles to the facts of the case and had not erred in finding that the Wrongdoers had not engaged in unreasonable conduct.

ORDERS:
1. The appeal be dismissed.
2. The Appellant pay the Respondents’ costs of the appeal.