Cameron v Dennis [2006] NSWDC 32

Reported Decision : Appeal dismissed [2007] NSWCA 228

New South Wales District Court

CITATION: Cameron v Dennis [2006] NSWDC 32 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 20 September 2006

JUDGMENT DATE: 26 September 2006

JUDGMENT OF: Johnstone DCJ at 1

DECISION: Judgment for the plaintiff; Defendant to pay plaintiff's costs on the ordinary basis

CATCHWORDS: LEGAL PROFESSION ACT 1987 - Barrister's invoices (bills) - Liability of solicitor - Legal Profession Act not applicable as the proceedings not for the recovery of costs, but brought to enforce a subsequent deferral arrangement - Whether the bills complied with the Act: signature and other particulars required by Clause 22A of the Legal Profession Regulation 1994 - Particulars not required if solicitor already aware of relevant matters

LEGISLATION CITED: Legal Profession Act 1987: s 192(1) and s 194(1) Legal Profession Regulation1994: Clause 22A

CASES CITED: Hogarth v Gye [2002] NSWSC 32 at [25]. Koutsourais v Metledge & Associates [2004] NSWCA 313

PARTIES: Robert William Cameron (Plaintiff) Bruce Vernon Dennis (Defendant)

FILE NUMBER(S): 5480/2005

COUNSEL: Mr D F Rofe QC (Plaintiff) Mr J Johnson (Defendant)

SOLICITORS: McLaughlin & Riordan (Plaintiff) Dennis & Co (Defendant)

JUDGMENT

HIS HONOUR

Introduction 1. Mr Cameron was a barrister who was regularly briefed by Mr Dennis, a solicitor, on behalf of clients of Mr Dennis.

2. In August 1997 Mr Dennis briefed Mr Cameron to advise and appear for clients in respect of proceedings in the Federal Court, which included an appeal, from 1997 to 2000. Mr Cameron rendered several invoices for his fees to Mr Dennis, totalling $79,158.95.