Han v Stephen Paul Firth trading as Firth The Compensation Lawyers [2014] NSWDC 141

District Court New South Wales

Medium Neutral Citation: Han v Stephen Paul Firth trading as Firth The Compensation Lawyers [2014] NSWDC 141 Hearing dates: 11 July 2014; written submissions 16 August 2014 Decision date: 03 September 2014 Before: Gibson DCJ Decision: (1) The plaintiff's appeal under s 384 Legal Profession Act 2004 (NSW) allowed in relation to Grounds 2 - 8 (2) The plaintiff's appeal under Ground 1 of the Summons is dismissed. (3) The Certificates of Determination of Costs by Review Panel comprising Review Panellists Stephen John Lancken and John McIntyre dated 3 October 2013 are set aside in part, and the proceedings remitted to the Review Panel for further determination of the quantum of costs only. (4) The defendant's notice of motion filed 23 December 2013 dismissed. (5) Costs reserved with liberty to apply in 14 days; if no application for costs is made, an order that each party pay its own costs will be entered. (6) Exhibits retained for 28 days. Catchwords: COSTS - appeal under ss 384 and 385 Legal Profession Act 2004 (NSW) - costs assessor rejects client's application to set aside costs agreement and assesses costs on a global basis - Review Panel agrees with costs assessor's findings generally, but assesses the costs on a different global basis, namely a general 10% reduction - whether costs agreement should be set aside - whether Review Panel sufficiently complied with s 363(1) - whether Review Panel provided adequate reasons for its reassessment of costs - whether failure to give reasons amounts to an error of law for the purposes of s 384 and, if not, whether leave to appeal should be granted under s 385 - whether Review Panel erred in permitting charge rates in the costs agreement for a solicitor of less than 5 years' experience to be charged at the higher rate in the costs agreement for a solicitor with 5 or more years experience - whether errors of law justified the setting aside of the determination - appeal allowed in part, proceedings remitted to the Review Panel for redetermination of the quantum of costs. Legislation Cited: Legal Profession Act 2004 (NSW) Legal Profession Regulation 2005 Cases Cited: Legal Services Commissioner v Nikolaidis (No 3) [2005] NSWADT 200 Nikolaidis v Legal Services Commissioner [2007] NSWCA 130 Obieta v Consumer Trader and Tenancy Tribunal [2009] NSWCA 220 Dayeian v Davidson [2010] NSWCA 321: Bobb v Wombat Securities Pty Ltd (District Court of New South Wales, Elkaim SC DCJ, 29 August 2013, unreported) John Kay v Zurich Australia Ltd, Norton SC DCJ, 16 May 2014, unreported). Bobb v Wombat Securities Pty Ltd (District Court of NSW, 29 August 2013, unreported) Bobb v Wombat Securities Pty Ltd [2014] NSWCA 261 Frumar v The Owners of Strata Plan 36957 (2006) 67 NSWLR 321 Wende v Horwath (NSW) Pty Limited [2014] NSWCA 170 Honest Remark Pty Ltd v Allstate Explorations NL [2008] NSWSC 439 Randall Pty Ltd v Willoughby City Council [2009] NSWDC 118 Wende v Horwath (NSW) Pty Ltd [2014] NSWCA 170 Campbelltown City Council v Vegan (2006) 67 NSWLR 372 Frumar v Owners of Strata Plan 36957 (2006) 67 NSWLR 321 Defteros v Scott [2014] VSCA 205 Dayeian v Davidson [2010] NSWCA 321 Category: Principal judgment Parties: Plaintiff: Bao Jiang Han Defendant: Stephen Paul Firth trading as Firth The Compensation Lawyers Representation: Plaintiff: Ms M Castle Defendant: Mr R Goodridge Plaintiff: Teddington Legal Defendant: Firth The Compensation Lawyers File Number(s): 2013/350156 Publication restriction: None