Stjepanovic v Petrovich Law Group Pty. Ltd. Trading As NSW Compensation Lawyers;; Pavlovic v Petrovich Law Group Pty. Ltd. Trading As NSW Compensation Lawyers [2021] NSWDC 432

District Court New South Wales

Medium Neutral Citation: Stjepanovic v Petrovich Law Group Pty. Ltd. Trading As NSW Compensation Lawyers;; Pavlovic v Petrovich Law Group Pty. Ltd. Trading As NSW Compensation Lawyers [2021] NSWDC 432 Hearing dates: 15 – 16 June 2021 Date of orders: 24 August 2021 Decision date: 24 August 2021 Jurisdiction: Civil Before: Gibson DCJ Decision: Order: (1) Judgment for the defendant in proceedings 2019/00400709. (2) The plaintiff in proceedings 2019/00400709 pay the defendant's costs, with liberty to apply. (3) Judgment for the defendant in proceedings 2020/00053704. (4) The plaintiff in proceedings 2020/00053704 pay the costs of those proceedings, with liberty to apply. (5) Exhibits retained in both proceedings until further order. Catchwords: LEGAL PRACTITIONERS – costs – disclosure requirements – two plaintiffs bring proceedings for moneys had and received on the basis of failure to provide costs disclosures pursuant to Reg 11 of the Motor Accident Compensation Regulation 2005 (NSW) and Schedule 7 of the Workers Compensation Regulation 2020 (NSW) – in each case, the costs agreement and disclosure notice had been stapled together and posted to each plaintiff in the same envelope – whether, in those circumstances, the disclosure was a "separate" document and/or provided "before" each plaintiff entered into the costs agreement – whether disclosure of costs in the costs agreement sufficient – whether the plaintiffs' claims should have been brought for money had and received or for breach of contract – whether the plaintiffs were disentitled to claim the fee overpayment because of their failure to seek a costs assessment – unjust enrichment – change of position Legislation Cited: Interpretation Act 1987 (NSW) s 68(3) Legal Profession Act 1987 (NSW) Legal Profession Act 2004 (NSW) ss 309, 311, 317, 322 and Part 3.2, Division 3 Motor Accidents Compensation Act 1999 (NSW) Motor Accidents Compensation Regulations 2005 (NSW) Reg 11 Workers Compensation Regulations 2010 (NSW) Regs 98, 103, Schedule 7 Cases Cited: AstraZeneca AB v Apotex Pty Ltd [2015] HCA 30; 257 CLR 356 Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) 307 ALR 512 Branson v Tucker [2012] NSWCA 310 David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 Frontier Law Group Pty Ltd v Robert Glenn Barkman [2016] NSWSC 1542 Ji v Firth t/as Firths the Compensation Lawyers [2013] NSWSC 186 Jones v Dunkel [1959] HCA 8; 101 CLR 298 Malvina Park Pty Ltd v Johnson [2019] NSWSC 1490 Pearl Marin Shipping A/B v Pietro Cingolani SAS, The General Valdes [1981] 1 Lloyd's Rep 170 Sapphire (SA) Pty Ltd (trading as River City Grain) v Barry Smith Grains Pty Ltd (in liq) [2011] NSWSC 1451 Todorovska v Brydens Lawyers Pty Ltd [2021] NSWDC 382 Category: Principal judgment Parties: 2019/00400709: Plaintiff: Josip Stjepanovic Defendant: Petrovich Law Group Pty. Ltd. Trading As NSW Compensation Lawyer