John Byrnes & Associates (Legal) Pty Ltd v Quinn [2021] NSWSC 834

Supreme Court New South Wales

Medium Neutral Citation: John Byrnes & Associates (Legal) Pty Ltd v Quinn [2021] NSWSC 834 Hearing dates: 15 June 2021 Date of orders: 15 June 2021 Decision date: 15 June 2021 Jurisdiction: Equity Before: Rees J Decision: Law firm to be paid monies held by Court, being costs assessed on party and party basis, upon undertaking it will repay any overpayment determined on client's potential costs assessment on solicitor and client basis, with interest. Catchwords: SUMMARY JUDGMENT – law firm acts for client in District Court proceedings – client successful and obtains costs order against unsuccessful party – client's costs assessed at request of unsuccessful party – monies paid into Court by unsuccessful party – law firm sues client for fees – law firm content to accept money in Court, being $30,000 less than fees assessed on party/party basis – assessment on solicitor/client basis unlikely to result in lesser amount – summary judgment ordered on solicitor's undertaking to the Court. Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56-60 Legal Profession Act 1987 (NSW) Legal Profession Act 2004 (NSW) ss 309, 311, 317, 331, 332, 332A, 333, 350, 351, 352, 353 Legal Profession Uniform Law (NSW), sch 4, cl 18 Uniform Civil Procedure Rules 2005 (NSW) r 13.1 Cases Cited: Burrell Solicitors Pty Ltd v Reavill Farm Pty Ltd (No 2) [2011] NSWSC 1615 Commonwealth Bank of Australia v Invest Pty Ltd (in liq) [2014] NSWSC 1257 Farrar v Julian-Armitage [2015] QCA 289 General Steel Industries v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 John Byrnes & Associates (Legal) Pty Limited v Quinn [2020] NSWSC 1840 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71 Wentworth v Rogers (2006) 66 NSWLR 474; [2006] NSWCA 145 Category: Procedural rulings Parties: John Byrnes & Associates (Legal) Pty Limited (Plaintiff) Robert Quinn (First Defendant) New South Wales Land and Housing Corporation (Second Defendant) Representation: Counsel: Mr E White (Plaintiff) Mr R Quinn (First Defendant in person) No appearance (Second Defendant)