Schuler v Stern [2014] NSWDC 85

District Court New South Wales

Medium Neutral Citation: Schuler v Stern [2014] NSWDC 85 Hearing dates: 26 June 2014 Decision date: 01 July 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Extend time for the bringing of this appeal. (2) Appeal dismissed. (3) Plaintiff pay defendant's costs. Catchwords: LEGAL PRACTITIONERS - client in "no win no fee" costs agreement appeals under s 384 Legal Profession Act 2004 (NSW) from Review Panel assessment of costs in favour of her previous solicitor - whether the condition precedent in that costs agreement (that counsel accept a brief to both advise and appear at the hearing) had been fulfilled - junior counsel briefed for eight years, hearing set down one year in advance and briefs on hearing delivered - whether return of brief by senior and junior counsel two months prior to hearing meant that the brief had not been "accepted" and no fees were payable - plaintiff subsequently settled proceedings for an undisclosed sum - whether Review Panel erred in stating that "successful outcome" was not in dispute - whether the plaintiff's former solicitor had, or needed to, establish that any "successful outcome" related to work that he had carried out - adequacy of Review Panel's reasons - appeal dismissed Legislation Cited: Legal Profession Act 2004 (NSW), s 384(1) Cases Cited: Antaios Compania Naviera S A v Salen Rederierna A B [1985] A C 191 Artahs Pty Ltd v Gall Stanfield & Smith [2013] 2 Qd R 202 Australian Broadcasting Commission v Australasian Performing Right Assn Ltd (1973) 129 CLR 99 Carradine Properties Ltd v D J Freeman & Co [1999] Lloyd's Rep PN 483 Frumar v Owners of Strata Plan 36957 (2006) 67 NSWLR 321 Gardiner v Agricultural and Rural Finance Pty Ltd [2007] NSWCA 235 Levy v Bergseng (2008) 72 NSWLR 178 Our Town FM Pty Ltd v Australian Broadcasting Tribunal (1987) 16 FCR 465 The Owners - Strata Plan No 45205 v Andreones Pty Ltd [2009] NSWSC 1189 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Upper Hunter County District Council v Australian Chilling and Freezing Co Ltd (1968) 118 CLR 429 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Karen Linda Schuler Defendant: Terence Stern Representation: Plaintiff: Mr S Hughes Defendant: Ms M Castle Plaintiff: Boyd House & Partners Defendant: Terence Stern Solicitors and Attorney File Number(s): 2013/382763 Publication restriction: None