Harley v McDonald - [1999] 3 NZLR 545

Courts — Jurisdiction — Judicial control of counsel and solicitors — Sanction for breach of duty to Court — Negligence or incompetence as serious dereliction of duty to Court — Costs awarded as sanction against counsel and solicitors.

Law practitioners — Conduct of proceedings — Barrister's duty to Court — Barrister as officer of Court — Whether barrister may be ordered personally to pay costs or to indemnify former client against award of costs — Whether immunity from sanction — Negligence or incompetence at an appropriately high level as a serious dereliction of duty to Court.

Law practitioners — Solicitors — Solicitors' duty to Court — Continuing responsibility of solicitors where counsel instructed — Negligence or incompetence of solicitors at appropriately high level as serious dereliction of duty to Court.

Practice and procedure — Jurisdiction — Inherent jurisdiction — Accountability of barristers and solicitors for breaches of duty to Court — Jurisdiction to award costs against law practitioner for negligence or incompetence at appropriately high level as a serious dereliction of duty to Court — High Court Rules, R 46.

Practice and procedure — Costs — Jurisdiction to award costs against barristers and solicitors — Inherent jurisdiction — High Court Rules, R 46.