Young v Annis-Brown trading as Lincoln Smith & Co [2012] NSWCA 11

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Young v Annis-Brown trading as Lincoln Smith & Co [2012] NSWCA 11 Hearing dates: 3 February 2012 Decision date: 03 February 2012 Before: McColl JA at 12; Basten JA at 1 Decision: (1) Application dismissed. (2) Applicant to pay the respondent's costs in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - civil - leave to appeal - costs assessment - whether consent orders raise an issue estoppel to preclude right of appeal under Legal Profession Act 1987 (NSW), s 208L

APPEAL - civil - discretionary orders - application for leave to appeal from decision refusing to exercise discretion not to apply issue estoppel - whether any real prospect of success

COSTS - assessment - solicitor-client - conditional costs agreement - entitlement of solicitor to recover costs in circumstances where solicitor terminates retainer - whether entitlement subject to a requirement of termination for just cause or on reasonable grounds Legislation Cited: Legal Profession Act 1987 (NSW), s 208L Supreme Court Act 1970 (NSW), s 101(2)(c), (r) Category: Procedural and other rulings Parties: Maureen Mary Young - Applicant Wayne Vincent Annis-Brown trading as Lincoln Smith & Co - Respondent Representation: Counsel: