Ramsay v Gatland [2022] NSWSC 1514

Ramsay v Gatland [2022] NSWSC 1514

Section 73 of the Legal Profession Uniform Law Application Act 2014 (NSW) did not bar Ms Gatland's Local Court contractual recovery proceedings. Neither the Manager, Costs Assessment's refusal to accept the out of time Bartlett costs assessment application nor the review panel's conclusion that the Bespoke invoices were out of time involved an assessment of the fairness and reasonableness of those costs or produced a costs determination within s 73. Because the statutory costs assessment regime did not quantify the disputed out of time costs, the legislative scheme, including ss 184, 194 and 198 of the Legal Profession Uniform Law 2014 (NSW), permitted Ms Gatland to pursue recovery of the...

Jurisdiction
Australia
Judgment Date
07 November 2022
Procedural Posture
Appeal From Local Court Decision in Civil Proceedings for Recovery of Unpaid Legal Costs / Supreme Court Appeal From Local Court Decision of 1 April 2022
Outcome
Appeal dismissed.
Legal Topics
["recovery of Unpaid Barrister's Fees" 'costs Assessment' 'out of Time Costs Assessment Application' 'legal Profession Uniform Law 2014 (nsw)' 'legal Profession Uniform Law Application Act 2014 (nsw), S 73' 'abuse of Process' 'estoppel']
['costs' 'legal Profession' 'civil Procedure' 'estoppel'] ["recovery of Unpaid Barrister's Fees" 'costs Assessment' 'out of Time Costs Assessment Application' 'legal Profession Uniform Law 2014 (nsw)' 'legal Profession Uniform Law Application Act 2014 (nsw), S 73' 'abuse of Process' 'estoppel']

Case Brief

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Procedural Posture

Appeal From Local Court Decision in Civil Proceedings for Recovery of Unpaid Legal Costs / Supreme Court Appeal From Local Court Decision of 1 April 2022

Legal Issues

  1. 1 ['Whether rejection of an application for costs assessment made outside the 12-month limitation period in s 198 of the Legal Profession Uniform Law 2014 (NSW) precluded later Local Court proceedings to recover the unpaid costs.' 'Whether the Manager, Costs Assessment made a costs determination within the meaning of s 73 of the Legal Profession Uniform Law Application Act 2014 (NSW) by rejecting the Bartlett invoice costs assessment application as out of time.' 'Whether a costs review panel made a costs determination within the meaning of s 73 by refusing to allow the claims under the Bespoke invoices because they were out of time.' 'Whether s 73 of the Legal Profession Uniform Law Application Act 2014 (NSW) prevented Ms Gatland from instituting Local Court proceedings for unpaid costs not assessed under the statutory scheme.' 'Whether bringing the Local Court proceedings was an abuse of process.' 'Whether Ms Gatland was estopped from bringing the Local Court proceedings.']

Ratio Decidendi

Section 73 of the Legal Profession Uniform Law Application Act 2014 (NSW) did not bar Ms Gatland's Local Court contractual recovery proceedings. Neither the Manager, Costs Assessment's refusal to accept the out of time Bartlett costs assessment application nor the review panel's conclusion that the Bespoke invoices were out of time involved an assessment of the fairness and reasonableness of those costs or produced a costs determination within s 73. Because the statutory costs assessment regime did not quantify the disputed out of time costs, the legislative scheme, including ss 184, 194 and 198 of the Legal Profession Uniform Law 2014 (NSW), permitted Ms Gatland to pursue recovery of the...

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' "The usual costs order under the Uniform Civil Procedure Rules 2005 (NSW) is that they follow the event. In this case that is an order that Ms Ramsay and Mr Conolly pay Ms Gatland's costs, as agreed or assessed." 'If Ms Gatland wishes to be heard on the costs order, within seven days she...