Jones v The Owners Strata Plan No. 69008 [2017] NSWDC 430

District Court New South Wales

Medium Neutral Citation: Jones v The Owners Strata Plan No. 69008 [2017] NSWDC 430 Hearing dates: 17 November 2017 Date of orders: 17 November 2017 Decision date: 17 November 2017 Jurisdiction: Civil Before: Neilson DCJ Decision: (1) As no fee agreement governed work done prior to 9 July 2010, and costs had not been assessed by a costs assessor, action in respect of work done prior to 9 July 2010 was not maintainable: Legal Profession Act 2004 s 317;

(2) Costs agreement delivered on 9 July 2010 did not govern relationship between the solicitor and his client prior to 9 July 2010: Baynes & Anor v Kalyk [2003] NSWSC 607 applied;

(3) Coburn v Colledge [1897] 1 QB 702 (C.A) distinguished Catchwords: COSTS – Action by a solicitor to recover costs – Solicitor did work for defendant from February 2009 to 8 July 2010 and rendered a bill – No costs agreement in existence until 9 July 2010 when solicitor commenced doing further work for defendant, after having delivered a costs agreement which could be accepted by conduct – Defendant paid for work covered by fee agreement for work done after 9 July 2010 – Application by defendant for dismissal of claim Legislation Cited: Interpretation Act 1987 Legal Profession Act 2004 Cases Cited: Baynes & Anor v Kalyk [2003] NSWSC 607 Coburn v Colledge [1897] 1 QB 702 (C.A) Category: Procedural and other rulings Parties: Ian Jones (Plaintiff) The Owners Strata Plan No. 69008 (Defendant) Representation: Solicitors: In person (Plaintiff) Adrian Batterby Lawyer (Defendant) File Number(s): 2016/327009 Publication restriction: Nil