Australia, June 5 -- New South Wales Land and Environment Court issued text of the following judgement on May 6:

1. THE COURT: On 3 April 2025, this Court dismissed with costs an appeal brought by Mr Warne challenging orders made against him in the District Court in relation to a claim by the assignee of his former lawyer in respect of unpaid legal fees (see Warne v ACN 603 541 411 Pty Ltd trading as Chandlers International Lawyers [2025] NSWCA 57). At that time, directions were made for the filing of any submissions as to the basis on which such costs should be ordered to be assessed, with a view to determining any such issue on the papers.

2. The respondent filed submissions accordingly on 11 April 2025. Mr Warne responded to those submissions by email on 17 April 2025. In that email, Mr Warne requested that the Court delay the "final costing" of the matter until he can have the 12 October 2018 costs agreement (i.e., the original costs agreement entered into with his former lawyer) "investigated by the correct court". In circumstances where a costs order has already been made and we do not propose to order that this be on an indemnity basis, we do not see any basis for deferring our determination on the papers of the respondent's submissions as to the basis of the costs order. These reasons now deal with the sole remaining issue in the proceedings in this Court. It is a matter for Mr Warne what steps he now chooses to take in relation to the investigation of the original costs agreement with his former lawyer.

3. The background to the dispute is outlined in the judgment of the presiding judge handed down on 3 April 2025. The nub of the dispute related to Mr Warne's dissatisfaction with the basis on which he had been charged legal fees by the lawyers who formerly acted for him in relation to two claims for loans allegedly due to him; in particular, his assertion that this was inconsistent with oral agreements that he maintained had been reached with his former lawyer.

4. In its written submissions, the respondent seeks its costs against Mr Warne:

a) on an indemnity basis from the date on which Mr Warne filed his Amended Notice of Appeal (22 October 2024);

b) alternatively, on an ordinary basis up to 25 February 2025 and on an indemnity basis from 26 February 2025 (the former being the date of a Calderbank offer made by the respondent - see below);

c) alternatively, on an ordinary basis.

5. The last alternative is strictly unnecessary to articulate since, in the absence of a special order as to costs, the order that has already been made that the appeal be dismissed with costs would operate as an order for costs on the ordinary basis.

6. The principles on which the Court's wide discretion to make a special costs order under s 98 of the Civil Procedure Act 2005 (NSW) are well-known and will not here be repeated save as necessary to enable Mr Warne to understand the outcome in relation to costs.

7. We deal in turn with the two bases on which a special (indemnity) costs order is sought by the respondent.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1969dace75793290662e190f)

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