In Insurance Australia Ltd t/a NRMA Insurance v Milton (No 2), the New South Wales Court of Appeal ordered a solicitor acting for an insurer in judicial review proceedings not to charge his client with more than 50% of the costs and disbursements associated with preparing the Blue appeal books because the books included a large quantity of unnecessary material. In reaching this decision, the Court of Appeal rejected an attempt by the solicitor to have the Court reformulate parts of its earlier judgment in which members of the Court had commented about the wastage and proposed orders against the solicitor.
The Court of Appeal said that the order made against the solicitor was probably favourable to the solicitor in the circumstances of the case but considered it appropriate given that it was the first occasion on which such an order had been made. Read further about the case here.
