NSW Caselaw
New South Wales Supreme Court CITATION : Macdonald v Benjafield [1999] NSWSC 677 CURRENT JURISDICTION : Common Law FILE NUMBER(S) : 12921/98 HEARING DATE(S) : 7/6/99 JUDGMENT DATE : 6 July 1999
PARTIES : Neil Macdonald v Peter Benjafield & Anor JUDGMENT OF : McInerney J at 1
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 2787/89 LOWER COURT JUDICIAL OFFICER :
Mr T.J. Morahan. (Plaintiff) COUNSEL : Mr V.R. Gray. (First Defendant) Submitting appearance (Second Defendant) SOLICITORS : A. R. Conolly & Company. (Plaintiff) Benjafield & Associates, Lawyers. (Defendant) CATCHWORDS : Contract/agreement for legal services. Insufficient consideration. Alleged negligent professional work. Solicitor. Determinations in costs assessments. ACTS CITED : Legal Profession Act 1987. CASES CITED : Curry v Misa (1875) 10 LR 10 at 153. Carlill v Carbolic Smokeball Company (1892) 2 QBD 424. DECISION : Dismissed with costs
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION Tuesday, 6 July 1999 McINERNEY AJ
12921/1998: NEIL MACDONALD v-PETER BENJAFIELD & ANOR.
J UDGMENT
1___ HIS HONOUR: In this matter the Plaintiff, Neil MacDonald seeks the following orders against the Defendants.
2___ 1) A declaration that the Plaintiff is not liable to pay the fees of the Defendants incurred in the course of acting for the Plaintiff in District Court proceedings at Sydney No. 2787 of 1989.
2) An order that the Determinations as to Costs made by Mr. Leonard Hattersley, Costs Assessor, on 30 October 1998 in Applications for Assessment of Costs Nos. 14392 of 1995 and 14393 of 1995, be set aside.
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