Ciaglia v Beilby Poulden Costello Pty Ltd [2010] NSWSC 748

New South Wales Supreme Court

CITATION : Ciaglia v Beilby Poulden Costello Pty Ltd [2010] NSWSC 748

HEARING DATE(S) : 2 July 2010

JUDGMENT DATE : 9 July 2010

JURISDICTION : Common Law

JUDGMENT OF : McCallum J

DECISION : 1. I make the order sought in the summons filed 16 February 2010. 2. I make no order as to the costs of the proceedings.

CATCHWORDS : COSTS - application to have costs assessment dealt with out of time - consideration of reasons for delay - where earlier agreement as to payment of costs abandoned - application granted

LEGISLATION CITED : Legal Profession Act 2004

CATEGORY : Principal judgment

CASES CITED : Ciaglia v Ciaglia [2010] NSWSC 341

PARTIES : Robert Andrew Ciaglia (Plaintiff) William Barry Beilby, Donald Bedford Courtenay Poulden, Scott Hall-Johnston trading as Beilby Poulden Costello Pty Ltd (Defendant)

FILE NUMBER(S) : SC 10/42009

COUNSEL : In person (Plaintiff) Mr P J Livingstone (Defendant)

SOLICITORS : Beilby Poulden Costello (Defendant)

- 9 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

McCALLUM J

9 JULY 2010

10/42009 ROBERT CIAGLIA v WILLIAM BEILBY & ORS trading as BEILBY POULDON COSTELLO

JUDGMENT 1 HER HONOUR: This is an application by a former client of the defendant law practice to have an application for assessment of their costs dealt with out of time. In about July 2006 the plaintiff, Mr Robert Ciaglia, retained the defendants, Beilby Poulden Costello, to act for him in a claim against the estate of his late brother, Mr Pasquale Ciaglia. In January 2007, apparently being dissatisfied with the services provided, Mr Ciaglia terminated that retainer. He subsequently retained Brydens Law Office to act for him in the proceedings. 2 On 24 September 2007, the defendants issued a final tax invoice to Mr Ciaglia claiming an amount due of $30,798.61. 3 It appears that Brydens first wrote to the defendants on 20 February 2008. That letter was not in evidence before me. On 22 February 2008, the defendants wrote to Brydens noting that Brydens had been retained to act for Mr Ciaglia and confirming that Mr Ciaglia remained indebted to the defendants in the sum of $30,798.61. The letter stated that the defendants were prepared to release Mr Ciaglia's file to Brydens on four conditions: