Hughes v Geraldine Daley trading as Colin Daley Quinn, Solicitors And Barristers [2013] NSWSC 806

Supreme Court New South Wales

Medium Neutral Citation: Hughes v Geraldine Daley trading as Colin Daley Quinn, Solicitors And Barristers [2013] NSWSC 806 Hearing dates: 12 & 17 June 2013 Decision date: 25 July 2013 Jurisdiction: Common Law Before: Davies J Decision: The parties should bring in Short Minutes. Catchwords: COSTS - assessment - costs assessor makes a preliminary ruling concerning the basis of the assessment - whether a "decision" within s 208L Legal Profession Act 1987 - whether appeal competent - whether solicitor successfully contracted out of Motor Accidents Compensation Regulation - what provisions of the Legal Profession Act need to be complied with to contract out - whether strict compliance is possible or necessary - failure to disclose estimate of counsel's fees - costs agreement not entered into at earliest opportunity after solicitor retained - failure to disclose estimate of expert's fees Legislation Cited: Legal Profession Act 1987 Legal Profession Act 2004 Motor Accidents Compensation Act 1999 Motor Accidents Compensation Regulation (No. 2) 1999 Motor Accidents Compensation Regulation 2005 Uniform Civil Procedure Rules Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Currabubula & Paola v State Bank NSW [2000] NSWSC 232 Director-General of Social Services v Chaney (1980) 47 FLR 79 Firth v Westbury [1999] NSWSC 372 Heydon v NRMA Ltd (No 2) [2001] NSWCA 445; 53 NSWLR 600 Peter Francis Gorczynski v Leichhardt Council & Anor [2007] NSWSC 202 Category: Principal judgment Parties: Amanda Hughes (Plaintiff/First Cross-Defendant) Geraldine Anne Daley (First Defendant/First Cross Claimant) Timothy William Daley (Second Defendant/Second Cross-Claimant) John Hope Gibson (Second Cross-Defendant) Representation: Counsel: M Brabazon SC (Plaintiff/ First Cross-Defendant) G Parker SC & M Castle (First and Second Defendants/First and Second Cross-Claimants) Submitting appearance (John Hope Gibson - Second Cross-Defendant) Solicitors: Diamond Conway Lawyers (Plaintiff/ First Cross-Defendant) DGT Costs Lawyers (First and Second Defendants/First and Second Cross-Claimants) Crown Solicitor's Office (John Hope Gibson - Second Cross-Defendant) File Number(s): 2013/84085