Bingham v Bevan [2022] NSWCA 248

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bingham v Bevan [2022] NSWCA 248 Hearing dates: 5 December 2022 Date of orders: 5 December 2022 Decision date: 05 December 2022 Before: Simpson AJA; Basten AJA Decision: (1) To the extent the matter requires a grant of leave to appeal, grant the applicant leave to appeal from the judgment and orders made in the Common Law Division. (2) Order that the costs of the application for leave be costs in the appeal. Catchwords: APPEAL – leave to appeal – dismissal of motion to set aside registered judgment – order of dismissal interlocutory – effect of dismissal final in practical terms – amount in issue $323,000 – effect of costs disclosure agreement restricting circumstances in which counsel's fees payable – non-compliance of costs estimate – agreement "void" – whether protections for party liable ineffective – whether costs assessor resolved issue – whether costs assessor had jurisdiction to resolve issue – whether alleged errors more than reasonably arguable – whether issues of principle raised Legislation Cited: Legal Profession Uniform Law (NSW), s 178 Supreme Court Act 1970 (NSW), s 101(1)(e) Uniform Civil Procedure Rules 2005 (NSW), Pt 36, r 36.15 Cases Cited: Calandra v Murden [2015] NSWCA 231 Doyle v Hall Chadwick [2007] NSWCA 159 Category: Procedural rulings Parties: John David Bingham (Applicant) Christopher Bevan (Respondent) Representation: Counsel: D P Robinson SC / M Hazan (Applicant) M Cashion SC / I Sethi (Respondent)