Plaintiff lawyers ordered to pay $140,000 to insurer

A recent decision of the Queensland Magistrates' Court provides a stark reminder to lawyers that their first duty is to the court and the administration of justice rather than to their clients.

In Kim v Han and AAI Limited M4136/8, a magistrate considered the issue of legal costs to be awarded in the aftermath of judgement having been given against a plaintiff after a failed compulsory third-party motor vehicle personal injury claim.

The court was critical of both the plaintiff and his lawyers regarding the way the litigation was conducted, for attempts to hide or destroy critical evidence and for the running of the case at all.

The magistrate found that the plaintiff had downplayed injuries suffered in earlier accidents.