30 WELLINGTON STREET BONDI

COSTS – party/party – orders against non-parties – personal costs orders against lawyers – where plaintiff ordered to pay defendant’s costs of plaintiff’s application to rely on evidence served in the face of a guillotine order – whether plaintiff’s solicitor should pay those costs – whether costs charged to plaintiff should be disallowed

CIVIL PROCEDURE – guillotine orders – expert reports served late in face of guillotine order – whether leave to rely on late served reports should be granted – where evidence is of importance to plaintiff’s case – where no specific prejudice to the defendant – where no suggestion that the plaintiff itself is responsible for the delay – where solicitor to show cause why he should not pay costs of the application and not charge plaintiff for work done in relation to the application

CIVIL PROCEDURE – guillotine orders – expert reports served late in face of guillotine order – whether leave to rely on late served reports should be granted – whether explanation for delay adequate, comprehensive, and candid