Kenna v Lloyd [2021] NSWSC 1294

Supreme Court New South Wales

Medium Neutral Citation: Kenna v Lloyd [2021] NSWSC 1294 Hearing dates: 25 March 2021 Date of orders: 13 October 2021 Decision date: 13 October 2021 Jurisdiction: Common Law Before: Hamill J Decision: (1) Leave to appeal granted. (2) Appeal dismissed. (3) The plaintiff is to pay the defendant's costs. Catchwords: CIVIL LAW – unpaid barrister's fees – where Local Court entered summary judgment for barrister – appeal against decision – whether costs agreement valid – where direct agreement between barrister and client – where solicitor also engaged – whether Act required agreement to be between barrister and client CIVIL LAW – identity of barrister – whether Act required barrister to practice in precise name in which practicing certificate issued – David John Lloyd SC v John Lloyd SC – whether client deceived – whether Magistrate erred in failing to afford right to cross-examine on the issue – no error established – no denial of procedural fairness Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 Legal Profession Uniform Law 2014 (NSW), Div 3 Local Court Act 2007 (NSW), ss 39, 40 Uniform Civil Procedure Rules 2005 (NSW), r 13.1 Cases Cited: Di Biase v Rezek [1971] NSWLR 735 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71 Petselis v Tatarka (2019) 57 VR 375; [2019] VSC 8 Rosser v Austral Wine & Spirit Co Pty Ltd [1980] VR 313 Rossiter v Miller (1878) 3 App Cas 1124 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Spencer v The Commonwealth (2010) 241 CLR 118; [2010] HCA 28 Tooth & Co Ltd v Bryen (No 2) (1922) 22 (SR)NSW 541 Category: Principal judgment Parties: Patrick Kenna (Plaintiff) David John Lloyd SC (Defendant) Representation: Solicitors: Newnhams Solicitors (Defendant) File Number(s): 2020/327080 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: Civil Date of Decision: 5 November 2020 Before: Magistrate Kennedy File Number(s): 2020/179371