Slattery v Fordyce; Fordyce v Slattery [2019] NSWSC 173

Slattery v Fordyce; Fordyce v Slattery [2019] NSWSC 173

The Local Court's jurisdiction to determine and enter judgment for legal costs arising out of the Appeal Matter was not ousted or suspended by the defendant's application for costs assessment under the Legal Profession Act 2004 (NSW), since that application related only to the Taking of Accounts Matter, not the Appeal Matter. The first costs agreement was enforceable against the plaintiff and, upon cross-appeal, her companies, both as a matter of proper execution under the Corporations Act and as a matter of law. The Magistrate adequately considered the plaintiff's payments and the delineation of matters in computing quantum. The indemnity costs order was not wrongly made, being within...

Jurisdiction
Australia
Judgment Date
28 February 2019
Procedural Posture
Appeal and Cross Appeal From Local Court Decision / Principal Judgment on Appeal and Cross Appeal After Hearing
Outcome
Appeal dismissed; cross-appeal upheld as to company liability; further directions for formulation of final orders and costs reserved.
Legal Topics
['costs Agreement Enforceability' 'jurisdiction Over Costs Recovery' 'disclosure Obligations by Solicitors' 'execution of Company Documents' 'costs Assessment Vs Court Proceedings' 'indemnity Costs' 'appeal Rights and Procedure']
['contract Law' 'corporate Law' 'civil Procedure' 'legal Profession Regulation' 'costs'] ['costs Agreement Enforceability' 'jurisdiction Over Costs Recovery' 'disclosure Obligations by Solicitors' 'execution of Company Documents' 'costs Assessment Vs Court Proceedings' 'indemnity Costs' 'appeal Rights and Procedure']

Case Brief

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Procedural Posture

Appeal and Cross Appeal From Local Court Decision / Principal Judgment on Appeal and Cross Appeal After Hearing

Legal Issues

  1. 1 ['Whether Local Court lacked jurisdiction/power to determine legal costs proceedings due to an overlapping costs assessment application under s 355(b) of the LPA' 'Whether there was proper disclosure under the Legal Profession Act 2004 for the purposes of maintaining an action for costs' "Whether the plaintiff's companies were parties to the costs agreement—issue of proper execution under Corporations Act" 'Whether the indemnity costs order against Ms Slattery was lawfully made under the UCPR or in discretion' 'Whether the Magistrate failed to deal with the defence of payment and discounting in determining quantum']

Ratio Decidendi

The Local Court's jurisdiction to determine and enter judgment for legal costs arising out of the Appeal Matter was not ousted or suspended by the defendant's application for costs assessment under the Legal Profession Act 2004 (NSW), since that application related only to the Taking of Accounts Matter, not the Appeal Matter. The first costs agreement was enforceable against the plaintiff and, upon cross-appeal, her companies, both as a matter of proper execution under the Corporations Act and as a matter of law. The Magistrate adequately considered the plaintiff's payments and the delineation of matters in computing quantum. The indemnity costs order was not wrongly made, being within...

Court Disposition

Appeal dismissed; cross-appeal upheld as to company liability; further directions for formulation of final orders and costs reserved.

Orders

  • ['First defendant shall file and serve short minutes of order reflecting this judgment within 14 days.' 'Plaintiff may file and serve alternative proposed orders within a further 7 days if dispute arises. If no dispute, confirmation required by parties.' 'Any application as to costs to be filed and served within 14...