Brown v Stephen Paul Firth trading as Firths The Compensation Lawyers [2013] NSWSC 677

Supreme Court New South Wales

Medium Neutral Citation: Brown v Stephen Paul Firth trading as Firths The Compensation Lawyers [2013] NSWSC 677 Hearing dates: 13 April 2012, 18 April 2012, 2 August 2012, 3 August 2012 Decision date: 30 May 2013 Jurisdiction: Common Law Before: Hall J Decision: (1)An order pursuant to s 728(1)(a) of the Legal Profession Act 2004 that the defendant give to the plaintiff a Bill of Costs in itemised form in respect of the legal services provided by the defendant to the plaintiff in connection with the plaintiff's claim for damages pursuant to a Total and Permanent Disability Policy. (2)Direct that unless submissions are lodged within 21 days of the date of judgment in support of a specific order on costs, the order of the Court will be that the defendant pay the plaintiff's costs on the ordinary basis. Catchwords: COSTS - SOLICITOR - application under s 728(1)(a) of the Legal Profession Act 2004 (the Act) - whether power to order itemised bill of costs where refusal by legal practitioner to comply with request pursuant to s 332A of the Act - whether expiry of limitation period to apply for costs assessment under s 350 of the Act precludes order under s 728 being made - circumstances that may arise by reason of s 350 do not act as preclusion but may constitute relevant discretionary factors - whether accord and satisfaction precludes client from seeking itemised bill of costs - no statutory warrant to limit the power of the Court to make a s 728 order where costs have been paid in whole or in part by a client - whether proceedings an abuse of process - finding of an abuse of process requires cogent evidence before an adverse finding can be made - no evidence available to demonstrate that plaintiff had no genuine interest in the proceedings - abuse of process not established - no facts or matters that, as a matter of discretion, would require refusal of the order sought under s 728(1)(a) Legislation Cited: Legal Profession Act 2004 Cases Cited: Yang v Firth [2013] NSWSC 676 Category: Principal judgment Parties: Justin Haig Brown (Plaintiff) Stephen Paul Firth trading as Firths The Compensation Lawyers (Defendant) Representation: Counsel: M Einfeld QC; P Bolster (Plaintiff) R Stitt QC; R Goodridge (Defendant) Solicitors: Barton Lawyers (Plaintiff) Firths The Compensation Lawyers (Defendant) File Number(s): 2012/82179