Harvey v Goodman Law Pty Ltd [2011] NSWSC 340

Supreme Court New South Wales

Medium Neutral Citation: Harvey v Goodman Law Pty Ltd [2011] NSWSC 340 Hearing dates: 18 March 2011 Decision date: 29 April 2011 Jurisdiction: Common Law Before: Harrison J Decision: The amended summons is dismissed with costs Catchwords: COSTS - application for assessment of legal costs after 12 months - Legal Profession Act 2004 s 350(5) - whether "just and fair" for the plaintiff's application for assessment of the defendant's legal costs to be dealt with after the 12 month period - application refused Legislation Cited: Legal Profession Act 2004 Cases Cited: Barecall Pty Limited v Hoban [2009] NSWSC 1104 Barecall Pty Limited v David Hoban [2010] NSWCA 269 Dye v Fisher Cartwright Berriman Pty Ltd [2010] NSWSC 895 The Estate of Rosalind Allwood v Peter Vivian Benjafield [2009] NSWSC 1383 Category: Principal judgment Parties: Deon Russell Harvey (Plaintiff) Goodman Law Pty Ltd (Defendant) Representation: Counsel: M B Evans (Plaintiff) M Heath (Defendant) Solicitors: Lathams Lawyers (Plaintiff) Goodman Law (Defendant) File Number(s): 2010/388924

Judgment 1HIS HONOUR : Mr Harvey is a former client of Goodman Law. That firm performed legal work for him and rendered a bill. Mr Harvey failed to apply within 12 months of receiving the bill for an assessment of those costs. He now seeks an order pursuant to s 350(5) of the Legal Profession Act 2004 that it is just and fair that he be able to proceed with an application for assessment of Goodman Law's costs. For the reasons that follow, I consider that it is not just and fair that he be able to do so.