Savings Factory Pty Ltd v Daniel & Ors [2007] NSWSC 1343

New South Wales Supreme Court

CITATION : Savings Factory Pty Ltd v Daniel & Ors [2007] NSWSC 1343

HEARING DATE(S) : 22 November 2007

JUDGMENT DATE : 23 November 2007

JURISDICTION : Equity Division

JUDGMENT OF : Palmer J

EX TEMPORE JUDGMENT DATE : 22 November 2007

DECISION : Amended Summons dismissed.

CATCHWORDS : COSTS – ASSESSMENT – APPEAL – Whether costs agreement precluded recovery of fees charged above estimate stated.

LEGISLATION CITED : - Legal Profession Act 1987 (NSW) – s.175, s.177, s.182, s.208A - Legal Profession Act 2004 (NSW) – s.384

Savings Factory Pty Ltd – Plaintiff PARTIES : Michael Francis Paul Daniel & Partners t/as PricewaterhouseCoopers Legal – First Defendant Christopher O'Brien – Second Defendant

FILE NUMBER(S) : SC 1603/06

G.T.W. Miller QC, D.A. Moujalli – Plaintiff COUNSEL : Ms V.A. McWilliam – First Defendant Submitting appearance filed 23.03.06 – Second Defendant

Riley Gray-Spencer – Plaintiff SOLICITORS : PricewaterhouseCoopers Legal – First Defendant I.V. Knight, Crown Solicitor – Second Defendant

PALMER J.

1603/06 Savings Factory Pty Ltd v Daniel & Ors

JUDGMENT 23 November, 2007

1 The Plaintiff appeals against a costs assessment in respect of costs for legal services charged by the First Defendant. The facts are very brief and are not disputed. The issue is one of construction of a costs agreement. 2 On about 6 December 2000, Mr Rumble, on behalf of the Plaintiff ("Savings") engaged the First Defendant ("PwC") to provide legal services in connection with Savings' conversion to a public company. 3 By letter dated 13 March 2001 to Savings, PwC set out the information as to its costs required by s.175 of the Legal Profession Act 1987 (NSW), which was the Act then in force. The terms of the letter were accepted by Savings so that the letter constituted a contract between the parties ("the Costs Agreement"). 4 The Costs Agreement relevantly provided as follows: " Scope of Services