Golden Destiny Investments Pty Ltd v McCrohon Bergseng Partners t/as MBP Legal [2016] NSWSC 1639

Supreme Court New South Wales

Medium Neutral Citation: Golden Destiny Investments Pty Ltd v McCrohon Bergseng Partners t/as MBP Legal [2016] NSWSC 1639 Hearing dates: 16 November 2016 Date of orders: 23 November 2016 Decision date: 23 November 2016 Jurisdiction: Common Law Before: Davies J Decision: (1) Dismiss the Amended Summons. (2) The Plaintiffs should pay the Defendants' costs. Catchwords: COSTS – assessment of costs – application for assessment after 12 months – application more than six months out of time - Legal Profession Act s 350(5) – whether it would be just and fair to extend time – costs disclosure advising of time for assessment – multiple tax invoices with notation of time for assessment – all tax invoices paid - solicitors' retainer terminated during litigation – new solicitors immediately retained – litigation completed – demand for repayment of some costs after 12 month period – threat of assessment application - matters for consideration – knowledge of clients of 12 month period – no satisfactory explanation for delay – whether prejudice to solicitors – application refused Legislation Cited: Conveyancers Licensing Act 2003 (NSW) Conveyancers Licensing Regulation 2015 (NSW) Legal Profession Act 2004 (NSW) Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Ciaglia v Beilby Poulden Costello Pty Ltd [2010] NSWSC 748 David Alan Thomson v Golden Destiny Investments Pty Limited [2015] NSWSC 1176 David Alan Thomson & Ors v Golden Destiny Investments Pty Limited & Ors (No 2) [2015] NSWSC 1929 Dye v Fisher Cartwright Berriman Pty Ltd [2010] NSWSC 895 Harvey v Goodman Law Pty Ltd [2011] NSWSC 340 Mackowiak v Hagipantelis; Bickhoff v Hagipantelis [2015] NSWSC 1087 Wong v Watts McCray Lawyers [2015] NSWSC 849 Category: Principal judgment Parties: Golden Destiny Investments Pty Ltd (First Plaintiff) Yun Lin (Second Plaintiff) Haizhong Cai (Third Plaintiff) Xufeng Wu (Fourth Plaintiff) DCK Assets Holdings Pty Limited (Fifth Plaintiff) Wei Feng (Australia) Pty Limited (Sixth Plaintiff) Peter Edward McCrohon and Karin Elisabeth Bergseng Partners t/as MBP Legal (Defendant) Representation: Counsel: J Lee (Plaintiffs) M Castle (Defendant)