Following a successful application to refer a solicitor’s contingency fee account for assessment, the court determined the appropriate quantum of costs payable to the applicant.
The court considered the factors under Rule 57 of the Rules of Civil Procedure, including the complexity of the proceeding, the conduct of the parties, proportionality, and the reasonable expectations of the losing party.
Although the applicant sought over $38,000 in partial‑indemnity costs, the court found that amount excessive despite acknowledging that the respondent solicitor’s conduct unnecessarily prolonged the proceeding.
Balancing fairness and proportionality, the court fixed costs at a reduced amount.
