Rayhill v Cooper [2010] NSWDC 212

New South Wales District Court

CITATION: Rayhill v Cooper [2010] NSWDC 212

HEARING DATE(S): 5 August 2010

JUDGMENT DATE: 5 August 2010

EX TEMPORE JUDGMENT DATE : 5 August 2010

JURISDICTION: Civil - Costs Assessment Appeal

JUDGMENT OF: Johnstone DCJ

DECISION: Appeal dismissed with costs

CATCHWORDS: COSTS - assessment under the Legal Profession Act - appeal from a review panel - adequacy of reasons - procedural fairness

LEGISLATION CITED: Legal Profession Act 1987

B&L Linings Pty Limited v Chief Commissioner of State Revenue [2008] NSWCA 187 Doyle v Hall Chadwick [2007] NSWCA 159 CASES CITED: Frumar v The Owners of Strata Plan 36957 [2006] NSWCA 278 Madden v New South Wales Insurance Ministerial Corporation (1999) NSWSC 196 Muriniti v Lyons [2004] NSWSC 135 Randall Pty Ltd v Willoughby City Council [2009] NSWDC 118

PARTIES: Michael Norman Rayhill (Plaintiff) Colin Joseph Cooper t/as Barkell & Peacock

FILE NUMBER(S): 10/99913

COUNSEL: Plaintiff in person Mr Rollinson (Defendant)

REASONS FOR JUDGMENT

1. The plaintiff is the former client of the defendant, a solicitor who performed certain legal work for the plaintiff and his former wife between 1994 and 2003 in connection with certain legal proceedings.

2. The defendant's solicitor rendered a bill of costs in respect of the legal work undertaken by him in an amount of $62,547.75 made up of professional fees and disbursements.

3. The plaintiff or his wife failed to pay the bill of costs. The defendant solicitor therefore applied for his bill of costs to be assessed under the Legal Profession Act 1987 (LPA). A costs assessor was appointed under the Act who assessed the solicitor's fair and reasonable costs in the sum of $55,301.88, made up of professional fees of $52,458.22 and disbursements of $2,843.22. A Certificate of Determination dated 21 August 2007 was issued.