Bennie v Grace [2018] NSWDC 229

District Court New South Wales

Medium Neutral Citation: Bennie v Grace [2018] NSWDC 229 Hearing dates: 2 August 2018 Date of orders: 24 August 2018 Decision date: 24 August 2018 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Judgment for the plaintiff. (2) The defendant is to pay the plaintiff's costs of the proceedings as agreed or assessed. (3) Leave is granted to the parties to apply within 14 days for an alternative costs order to that set out in (2) above. (4) The parties are to bring in agreed Short Minutes of Order reflecting the judgment sum and any claimed interest within seven days. (5) Liberty to apply on three business days' notice. (6) Exhibits are to be retained for 28 days. Catchwords: Costs – proceedings by client to recover overpaid costs – solicitor withdrew moneys from trust account for the payment of costs and disbursements – client subsequently made an application for assessment of the solicitor's costs and disbursements charged – assessor determined the proper amount – client sues for the difference between the paid amount and the amount determined by the assessor – whether a statutory cause of action established – whether Limitation Act barred claim Legislation Cited: Legal Profession Act 1987 (NSW) Legal Profession Act 2004 (NSW) Limitation Act 1969 (NSW) Cases Cited: Bennie v State of New South Wales [2009] NSWSC 96 BP Refinery (Westernport) Pty Ltd v Hastings Shire Council [1977] 52 ALJR 20 Coshott v Barry [2012] NSWSC 850 Fischer v Nemeske Pty Ltd [2014] NSWSC 203 Grace v Bennie (No 2) [2018] NSWSC 831 Griffith v Australian Broadcasting Corporation [2013] NSWSC 750 Preston v Nikolaidis [2017] NSWSC 1527 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Ryan v Hansen (2000) 49 NSWLR 184 State Insurance Regulatory Authority v Abdul-Rahman [2016] NSWCA 210 Category: Principal judgment Parties: Robert Maurice Bennie (Plaintiff) William John Grace (Defendant) Representation: Counsel: M Castle and AD Bailey (Plaintiff) In Person (Defendant)