S Partners (a pseudonym) v Jones (a pseudonym) [2021] NSWDC 619

District Court New South Wales

Medium Neutral Citation: S Partners (a pseudonym) v Jones (a pseudonym) [2021] NSWDC 619 Hearing dates: 7-8 October 2021 Date of orders: 17 November 2021 Decision date: 17 November 2021 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Appeal dismissed. (2) Subject to Order (5) below, the decision of the Review Panel is affirmed. (3) Order the plaintiff to pay the costs of the first defendant. (4) No order as to the costs of the second and third defendants. (5) Order that the following Certificates of Determination be set aside and re-issued, in the same terms, so that the solicitors nominated in paragraph 1 of "MFI 9" are named as the Review Respondents wherever appearing: (a) Certification of Determination of Costs Assessment (Form C-LPA-3) issued by the Review Panel on 20 October 2020 and sent by the Manager, Costs Assessment on 3 November 2020; (b) Certificate of Determination of Review – Substitution (Form C-LPA-7) issued by the Review Panel on 8 October 2020 and sent by the Manager, Costs Assessment on 3 November 2020; and (c) Certificate of Determination of Review Panel Costs (Form C-LPA-8) issued by the Review Panel on 8 October 2020 and sent by the Manager, Costs Assessment on 3 November 2020. Catchwords: COSTS – appeal to District Court from Costs Review Panel – principles applicable on appeal – setting aside costs agreement – obligation to estimate total legal costs and disclose any substantial change in such estimate – whether Review Panel erred in law in setting aside costs agreement – whether Review Panel made findings contrary to the evidence – whether Review Panel denied procedural fairness to the law practice Legislation Cited: Legal Profession Act 2004 (NSW), ss 301, 302, 309, 311, 313, 315, 316, 317, 319, 328, 350, 355, 357, 358, 359, 361, 363, 367, 368, 370, 372, 373, 374, 375, 378, 380, 382, 384, 385, 387, 390 Legal Profession Uniform Law 2014 (NSW), Sch 4, cl 18 Cases Cited: Bellevarde Constructions Pty Ltd v CPC Energy Pty Ltd [2011] NSWDC 55 CSR Limited v Eddy [2008] NSWCA 83; (2008) 75 NSWLR 725 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Frumar v Owners of Strata Plan 36957 [2006] NSWCA 278; (2006) 67 NSWLR 321 House v The King [1936] HCA 40; (1936) 55 CLR 499 Matter of The Bill of Costs of Lamrock, Brown & Hall [1908] VLR 238 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex Parte Lam [2003] HCA 6; (2003) 214 CLR 1 Russells v McCardel [2014] VSC 287 Wende v Horwath (NSW) Pty Ltd [2014] NSWCA 170; (2014) 86 NSWLR 674 Texts Cited: Dal Pont, Law of Costs, 4th Edition (2018) LexisNexis Legal Profession Reform Bill 1993 (NSW) Second Reading Speech (Legislative Council, 16 September 1993) Category: Principal judgment Parties: S Partners (a pseudonym) (Plaintiff) Ms Jones (a pseudonym) (First Defendant) Alexandra Hutley (Second Defendant) Christopher Wall (Third Defendant) Representation: Counsel: M Castle (Plaintiff) D Pritchard SC with J McDonald (First Defendant)