Benton v CMC Lawyers Pty Ltd [2022] NSWSC 1548

Supreme Court New South Wales

Medium Neutral Citation: Benton v CMC Lawyers Pty Ltd [2022] NSWSC 1548 Hearing dates: 1 June 2022 – 2 June 2022 Decision date: 17 November 2022 Jurisdiction: Common Law Before: Button J Decision: (1) Order under s 728 of the Legal Profession Act 2004, that the defendant provide to the plaintiff an itemised bill of costs in respect of the legal costs the subject of the invoice issued on 11 April 2018, including in respect of the services rendered by Mr Quinlivan within 28 days of the date of this order. (2) Declare that it is just and fair for an application for assessment to be dealt with after the 12-month period permitted under s 350(5) of the Legal Profession Act 2004. (3) Costs are reserved. Catchwords: CIVIL PROCEDURE – application for itemised bill of costs from previous solicitors – application for declaration that costs assessment application is just and fair – where application is made more than 12 months after issue of invoice – where applicant not a sophisticated client – where potential duplication of legal costs and disbursements – limited prejudice to respondent if orders made – troubling aspects Legislation Cited: Evidence Act 1995 (NSW) Legal Profession Act 2004 (NSW) Cases Cited: Golden Destiny Investments Pty Ltd v McCrohon Bergseng Partners t/as MBP Legal [2016] NSWSC 1639 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Le v Brydens Lawyers Pty Ltd [2017] NSWSC 180 Mackowiak v Hagipantelis; Bickhoff v Hagipantelis [2015] NSWSC 1087 Category: Principal judgment Parties: Michelle Benton (Applicant) CMC Lawyers Pty Ltd (Respondent) Representation: Counsel: R Sheldon SC & M Castle (Applicant) F Salama & E Bartley (Respondent) Solicitors: Brydens Lawyers Pty Ltd (Applicant) CMC Lawyers Pty Ltd (Respondent) File Number(s): 2021/165007 Publication restriction: Nil