Pentelow v Bell Lawyers Pty Ltd trading as Bell Lawyers [2013] NSWSC 111

Supreme Court New South Wales

Medium Neutral Citation: Pentelow v Bell Lawyers Pty Ltd trading as Bell Lawyers [2013] NSWSC 111 Hearing dates: 13 December 2012 Decision date: 22 February 2013 Jurisdiction: Common Law Before: Schmidt J Decision: Judgment for plaintiff Catchwords: APPEAL - appeal against Local Court decision - legal practitioners - barrister's costs agreement - cross-appeal - whether there was a contractual arrangement between the parties for the provision of legal services - construction of parties' costs agreement - costs Legislation Cited: Family Provision Act 1982 (repealed) Legal Profession Act 1987 (repealed) Legal Profession Act 2004 Local Court Act 2007 Cases Cited: Australian Honey Exports Pty Ltd v Powell [2012] NSWSC 1090 Bermingham v Corrective Services Commission of New South Wales (1988) 15 NSWLR 292 Branson v Tucker [2012] NSWCA 310 Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation [1981] HCA 26; (1981) 147 CLR 297 HIA Insurance Services Pty Ltd V Kostas [2009] NSWCA 292 Keesing v Adams [2010] NSWSC 336 Milillo v Konnecke [2009] NSWCA 109 Wentworth Securities Ltd v Jones [1980] AC 74 R v PL [2009] NSWCCA 256; (2009) 199 A Crim R 199 R v Young (1999) 46 NSWLR 681 Thompson v Goold & Co [1910] AC 409 Category: Principal judgment Parties: Janet Pentelow Bell Lawyers Pty Ltd Representation: Counsel: Mr M L Brabazon SC (Plaintiff) Ms M Castle (Defendant) Solicitors: Auslegal Solicitors (Plaintiff) Bell Lawyers (Defendant) File Number(s): 2012/174095 Publication restriction: None Decision under appeal Jurisdiction: 9109 Date of Decision: 2012-06-17 00:00:00 Before: Atkinson LCM File Number(s): 2010/241309