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ARTICLE · 15 MARCH 2006

The Cost of No Reasonable Prospects

DLA Piper Australia
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A case which the NSW Court of Appeal categorises as ‘hopeless’ and ‘with no redeeming features’ is precisely what the legislature had in mind when it passed section 198M of the Legal Practitioners Act 1987 (NSW).

AustraliaInsurance
Christine Forostenko
Christine Forostenko
Michael Down
Michael Down

A case which the NSW Court of Appeal categorises as ‘hopeless’ and ‘with no redeeming features’ is precisely what the legislature had in mind when it passed section 198M of the Legal Practitioners Act 1987 (NSW).

On 21 February 2006 his Honour Justice Ipp directed the plaintiff’s solicitor and barrister to indemnify Eurobodalla Shire Council for its costs incurred in the plaintiff’s appeal (Eurobodalla Shire Council v Wells & 2 Ors [2006] NSWCA 5). The judgment reminds practitioners that section 198M is not a toothless tiger.

Background

The plaintiff alleged she was sitting on a park bench on 14 February 2000 when it collapsed beneath her. The plaintiff alleged the collapse of the bench was the fault of the Eurobodalla Shire Council (the Council) as occupier of the park.

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