SUPREME COURT OF QUEENSLAND
CITATION:
Steindl Nominees P/L v Laghaifar [2003] QCA 157
PARTIES:
STEINDL NOMINEES PTY LTD ACN 063 915 935
(plaintiff/respondent)
v
SOHAIL LAGHAIFAR
(defendant/applicant)FILE NO:
Appeal No 9565 of 2002
SC No 7276 of 1999DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension of Time - Further Order
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
Judgment delivered 18 February 2003
Further Order delivered 17 April 2003DELIVERED AT:
Brisbane
HEARING DATE:
18 February 2003
JUDGES:
Davies and Williams JJA and Philippides J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeFURTHER ORDER:
1. Dismiss the application for costs against Andrew Wrenn
2. Order that the sum of $5,000 paid into court by Sohail Laghaifar pursuant to the order of Mackenzie J made on 17 January 2003 be paid out of court to Steindl Bell, Solicitors for Steindl Nominees Pty LtdCATCHWORDS:
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - ORDER FOR COSTS ON INDEMNITY BASIS - where applicant applied for an extension of time within which to appeal - where respondent sought order for costs on an indemnity basis from counsel - whether counsel unreasonably pursued the application in circumstances in which his conduct in doing so, justified a costs order - whether allegations of falsehood in submissions were allegations of dishonesty recklessly made and sufficient to justify a costs order
Queensland Barristers' Rules r 18, r 19
Giannarelli v Wraith (1988) 165 CLR 543, applied
Levick v Deputy Commissioner of Taxation [2000] FCA 674, applied
Medcalf v Mardell [2003] 1 AC 120, considered
Ridehalgh v Horsefield [1994] Ch 205, distinguishedWhite Industries (Qld) Pty Ltd v Flower and Hart (a firm) (1998) 156 ALR 169, applied
COUNSEL:
A C Wrenn for the applicant
C L Francis for the respondent
SOLICITORS:
The applicant appeared on his own behalf
Steindl Bell (Benowa) for the respondentCarter Newell Solicitors for A C Wrenn
DAVIES JA: This is an application by Steindl Nominees Pty Ltd ("Steindl") for an order that Mr Wrenn ("Wrenn"), a barrister, pay the costs of Steindl, on an indemnity basis, of an application to this Court for an extension of time within which to appeal to it. That application, in turn, had been made by Sohail Laghaifar ("Laghaifar") against whom, on 9 January 2002 an order had been made dismissing an application to set aside a judgment by default which had been obtained against Laghaifar by Steindl on 22 September 1999. Laghaifar's application to this Court was an application for an extension of time within which to appeal against the order of 9 January 2002. He was represented on that application by Wrenn. The application was dismissed on 18 February 2003 with costs on an indemnity basis.
In that application Steindl had also sought an order for costs against Wrenn personally, also on an indemnity basis. Upon the hearing in this Court on 18 February that application was adjourned…
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- Case
- [2003] QCA 157
- Decision Date
CaseChat Overview and Summary
The court considered the Queensland Barristers' Rules and various precedent cases, including Giannarelli v Wraith, Levick v Deputy Commissioner of Taxation, Medcalf v Mardell, Ridehalgh v Horsefield, and White Industries (Qld) Pty Ltd v Flower and Hart. It found that the applicant's counsel unreasonably pursued the application and that the allegations of falsehoods in the submissions were recklessly made. The court held that the conduct of the applicant's counsel justified an order for costs on an indemnity basis. The allegations of dishonesty made by the respondent were found to be sufficient to support such an order.
In conclusion, the court found in favour of the respondent and ordered the applicant to pay costs on an indemnity basis. The court's decision was based on the unreasonable conduct of the applicant's counsel and the recklessly made allegations of dishonesty in the submissions. The court's ruling emphasised the importance of upholding the integrity of legal proceedings and the need to hold parties accountable for their conduct.
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Decision
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