Following from List member Kieren Mihaly recent article, the Court of Appeal has finalised its decision in Rosa v Galbally & O'Bryan, confirming that out of pocket legal costs can be claimed as damages. His updated article discusses in which situations the claim can be made.
Summary
In Rosa v Galbally & O’Bryan, the Court of Appeal increased the damages award to the successful Plaintiff by her out of pocket legal expenses in the proceeding and appeal. Rosa may be able to be cited as authority for a new head of damages in all claims.
About the Author - Kieren Mihaly
Kieren practices in a variety of commercial law areas, as well as personal injury law and criminal law. In addition to his law degree, Kieren also has a mathematics degree and a Master of Laws, both of which he uses to aid complex claims for damages and compensation.
