Wentworth v Rogers

The appeal concerned costs orders made by Sperling J in the Supreme Court of New South Wales. The applicant for relief, Ms Wentworth, and her solicitor, Mr Rogers, were both ordered to pay the respondent's costs on an indemnity basis. The respondent claimed to have appeared pro bono.

The central legal issues before the Court of Appeal were the principles governing the award of costs on an indemnity basis, and the circumstances in which costs orders may be made against legal practitioners personally. The Court was required to consider whether the factual circumstances of the case justified such orders.

The Court analysed the principles for awarding indemnity costs, noting that while costs ordinarily follow the event, indemnity costs are an exception requiring special circumstances. These circumstances typically involve unreasonable or improper conduct, or a failure to act in good faith. The Court also examined the principles for making costs orders against legal practitioners, which generally require misconduct or negligence that has caused prejudice to the other party. The Court considered the complex factual matrix presented by the case in applying these principles.

Leave to appeal was granted in relation to one of the costs orders made by Sperling J, and that appeal was allowed. The applications for leave to appeal in relation to the other costs orders were dismissed.