The defendants sought costs personally against the plaintiff's counsel following a mistrial.
The mistrial was declared due to the plaintiff's counsel's failure to disclose a conflict of interest involving her husband's medical assessment company, which retained the plaintiff's expert witnesses and significantly marked up their invoices.
The court found that the counsel's conduct frustrated and interfered with the administration of justice, noting her lack of candour and failure to adhere to representations previously made to the Law Society.
The court ordered the plaintiff's counsel to personally pay the costs of the mistrial.