Todorovska v Brydens Lawyers Pty Ltd [2022] NSWCA 47

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Todorovska v Brydens Lawyers Pty Ltd [2022] NSWCA 47 Hearing dates: 4 March 2022 Date of orders: 29 March 2022 Decision date: 29 March 2022 Before: Basten JA at [1]; Leeming JA at [69]; White JA at [77] Decision: (1) Grant the applicant leave to appeal from the judgment and orders of the District Court given and made on 6 August 2021. (2) Direct that the applicant file within 10 days a notice of appeal in the form of the draft notice of appeal contained in the white folder and dispense with requirements for service thereof. (3) Set aside order (2) made in the District Court and in lieu thereof: (a) order that the defendant pay to the plaintiff the amount of $26,200 together with interest from 17 October 2017; (b) order that the defendant pay the plaintiff's costs. (4) Order that the respondent pay the applicant's costs of the application for leave to appeal and the appeal. Catchwords: APPEALS – leave to appeal – principles governing – public importance – regulation of legal practitioners' dealings with clients – where costs two-thirds of judgment amount LEGAL PRACTITIONERS – costs – personal injury claims – statutory cap on costs – removal of cap on solicitor/client costs – removal by entering into costs agreement – disclosure requirements – disclosures to give effect to statutory purpose – client to be informed of statutory protection and effect of costs agreement – disclosures to be read in context of documents provided – importance of independent legal advice – Legal Profession Act 2004 (NSW), ss 338, 339 – Legal Profession Regulation 2005 (NSW), cl 116 Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 District Court Act 1973 (NSW), s 127 Interpretation Act 1987 (NSW), s 33 Legal Profession Act 2004 (NSW), ss 309, 319, 322, 323, 338, 339; Pt 3.2, Divs 3, 5, 9 Legal Profession Uniform Law Application Act 2014 (NSW), Sch 1, cll 2, 4 Legal Profession Regulation 2005 (NSW), cl 116 Legal Profession Uniform Law Application Regulation 2015 (NSW), cl 28 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (NT) (2009) 239 CLR 27; [2009] HCA 41 Certain Lloyd's Underwriters v Cross (2012) 248 CLR 378; [2012] HCA 56 Newcastle City Council v McShane (No 3) (2005) 65 NSWLR 155; [2005] NSWCA 437 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 State of New South Wales v Avery (2016) 92 NSWLR 141; [2016] NSWCA 147 Texts Cited: NSW Legislative Assembly, Parliamentary Debates (Hansard), 28 May 2002, p 2085 Category: Principal judgment Parties: Mirjana Todorovska (Applicant) Brydens Lawyers Pty Ltd (Respondent) Representation: Counsel: Mr B Walker SC / Mr D Baran (Applicant) Ms M Castle / Mr A Bailey (Respondent)