Bevan v Bingham & Ors [2023] NSWSC 19

Supreme Court New South Wales

Medium Neutral Citation: Bevan v Bingham & Ors [2023] NSWSC 19 Hearing dates: 12 May 2022 Date of orders: 7 February 2023 Decision date: 07 February 2023 Jurisdiction: Common Law Before: Bellew J Decision: (1) The proceedings are dismissed. (2) The plaintiff is to pay the defendants' costs as agreed or assessed. Catchwords: LEGAL PRACTITIONERS – Costs – Statutory interpretation – Where legal practitioner entered into a costs agreement and estimated his costs at $60,000.00 – Where the practitioner failed to provide updates of estimated costs – Where the practitioner's costs ultimately totalled $349,360.00 – Where Review Panel found that the failure on the part of the practitioner to provide updated estimates rendered the costs agreement void ab initio – Whether that finding reflected error – Whether the reasons of the Review Panel were adequate – No error established – Proceedings dismissed LEGAL PRACTITIONERS – Duty to the Court – Obligation upon legal practitioners to exercise judgment in determining what evidence is to be filed and relied upon in proceedings – Obligation upon legal practitioners not to burden the Court with material which is extraneous and duplicitous Legislation Cited: Bankruptcy Act 1966 (Cth) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law (NSW) Cases Cited: AAI Limited trading as AAMI v Boga [2020] NSWSC 1903; (2020) 95 MVR 17 Agricultural and Rural Finance Pty Limited v Gardiner (2008) 238 CLR 570; [2008] HCA 57 Bevan v Bingham [2022] NSWSC 863 Certain Lloyds Underwriters Subscribing to Contract No IH00AAQS v Cross (2012) 248 CLR 378; [2012] HCA 56 Insurance Australia Limited t/as NRMA Insurance v Milton [2016] NSWCA 156; (2016) MVR 78 Insurance Australia Limited t/as NRMA Insurance v Milton (No 2) [2016] NSWCA 173 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1990] HCA 28 SAS Trustee Corporation v Miles (2018) 265 CLR 137; [2018] HCA 55 SDW v Church of Jesus Christ of Latter-Day Saints [2008] NSWSC 1249; (2008) 222 FLR 84 STZAL v Minister for Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34 Thiess v Collector of Customs (2014) 250 CLR 664; [2014] HCA 12 Category: Principal judgment Parties: Christopher John Bevan – Plaintiff John David Bingham – First Defendant Evangelina Francesca Kessly – Second Defendant John Anthony Levingston – Third Defendant Frances Alexandra Hutley – Fourth Defendant Representation: Counsel: M Cashion SC and C Carroll – Plaintiff D Robinson SC and M Hazan– First Defendant Self-represented – Second Defendant