IFW Global Pty Limited v Seung Phil Yang t/as Youngs Attorneys [2019] NSWSC 953

IFW Global Pty Limited v Seung Phil Yang t/as Youngs Attorneys [2019] NSWSC 953

The appeal was dismissed because the findings that IFW and/or Ms Huntsman provided legal services as a law practice, and that the invoiced amounts included legal costs, were open on the evidence, including the description of an investigative and legal team, the use of lawyer titles, the tasks of drafting affidavit material and reviewing pleadings, and the absence of contrary evidence from IFW. The Uniform Law disclosure obligations applied and had not been complied with, and IFW did not establish any distinct recoverable portion of the claim for non-legal services. No error of law within the Court's s 39 jurisdiction was shown.

Jurisdiction
Australia
Judgment Date
29 July 2019
Procedural Posture
Appeal From Local Court Civil Decision Under S 39 of the Local Court Act 2007 (nsw) / Supreme Court of New South Wales Common Law Division Appeal; Application for Extension of Time; No Leave Sought
Outcome
Time to commence the proceedings was extended, but the appeal was dismissed and the plaintiff was ordered to pay the defendant's costs.
Legal Topics
['legal Profession Uniform Law Disclosure Obligations' 'recovery of Legal Costs' 'whether Services Were Legal Services' 'appeal Limited to Questions of Law' 'sufficiency of Reasons' 'evidentiary Onus and Apportionment']
['legal Practitioners' 'legal Costs' 'civil Procedure' 'appeals'] ['legal Profession Uniform Law Disclosure Obligations' 'recovery of Legal Costs' 'whether Services Were Legal Services' 'appeal Limited to Questions of Law' 'sufficiency of Reasons' 'evidentiary Onus and Apportionment']

Case Brief

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Procedural Posture

Appeal From Local Court Civil Decision Under S 39 of the Local Court Act 2007 (nsw) / Supreme Court of New South Wales Common Law Division Appeal; Application for Extension of Time; No Leave Sought

Legal Issues

  1. 1 ["Whether the Local Court's findings that IFW and/or Ms Huntsman were law practices, that services provided were legal services, and that costs claimed were legal costs were open on the evidence." 'Whether non-compliance with disclosure obligations under the Legal Profession Uniform Law (NSW) barred IFW from commencing or maintaining proceedings to recover the invoiced amounts.' 'Whether the Local Court gave adequate reasons for finding that IFW failed to prove any recoverable component for non-legal services.' "Whether the respondent's status as a solicitor affected IFW's disclosure obligations under the Legal Profession Uniform Law (NSW)." 'Whether the appeal grounds raised questions of law within s 39 of the Local Court Act 2007 (NSW).']

Ratio Decidendi

The appeal was dismissed because the findings that IFW and/or Ms Huntsman provided legal services as a law practice, and that the invoiced amounts included legal costs, were open on the evidence, including the description of an investigative and legal team, the use of lawyer titles, the tasks of drafting affidavit material and reviewing pleadings, and the absence of contrary evidence from IFW. The Uniform Law disclosure obligations applied and had not been complied with, and IFW did not establish any distinct recoverable portion of the claim for non-legal services. No error of law within the Court's s 39 jurisdiction was shown.

Court Disposition

Time to commence the proceedings was extended, but the appeal was dismissed and the plaintiff was ordered to pay the defendant's costs.

Orders

  • ['Extend the time within which the plaintiff was entitled to commence these proceedings to 31 January 2019.' 'Dismiss the appeal.' "Order the plaintiff to pay the defendant's costs of the proceedings."]