Lin v Bliim [2006] NSWSC 477

Lin v Bliim [2006] NSWSC 477

The Magistrate was entitled to prefer Mr Bliim's evidence about the events of 12 August 2003, to find that there was a binding agreement between Mr Lin and Mr Bliim for fees calculated according to the fee disclosure basis, and to conclude that the agreement to accept $5,500 was an act of forbearance that came to an end when payment was not made. The Magistrate's treatment of pleading, forbearance, and interest disclosed no error of law, and the award of interest from 22 July 2005 was within discretion.

Jurisdiction
Australia
Judgment Date
26 May 2006
Procedural Posture
Appeal From Local Court Magistrate Decision Concerning Legal Fees / Appeal Decision in the Supreme Court of New South Wales, Common Law Division
Outcome
Appeal dismissed; Local Court decision affirmed; amended summons dismissed; plaintiff ordered to pay defendant's costs as agreed or assessed.
Legal Topics
['appeal on Question of Law From Local Court' "barrister's Unpaid Fees" 'forbearance' 'fee Disclosure' 'interest and Costs']
['civil Procedure' 'contract Law' 'legal Profession'] ['appeal on Question of Law From Local Court' "barrister's Unpaid Fees" 'forbearance' 'fee Disclosure' 'interest and Costs']

Case Brief

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Procedural Posture

Appeal From Local Court Magistrate Decision Concerning Legal Fees / Appeal Decision in the Supreme Court of New South Wales, Common Law Division

Legal Issues

  1. 1 ['Whether the Magistrate erred in law by finding that the tax invoice issued by Mr Bliim to Mr Lin was an act of forbearance.' 'Whether the Magistrate erred in law by finding that Mr Bliim could revoke or revise the amount in his tax invoice and claim a greater amount.' 'Whether the Magistrate erred in law by finding that the agreed basis of charging prevailed over the tax invoice when determining the amount owed.' 'Whether the Magistrate erred in law by finding that Mr Lin failed to plead forbearance in his defence.' 'Whether the Magistrate erred in law by failing to take into account mitigation of loss and the calculation of interest.']

Ratio Decidendi

The Magistrate was entitled to prefer Mr Bliim's evidence about the events of 12 August 2003, to find that there was a binding agreement between Mr Lin and Mr Bliim for fees calculated according to the fee disclosure basis, and to conclude that the agreement to accept $5,500 was an act of forbearance that came to an end when payment was not made. The Magistrate's treatment of pleading, forbearance, and interest disclosed no error of law, and the award of interest from 22 July 2005 was within discretion.

Court Disposition

Appeal dismissed; Local Court decision affirmed; amended summons dismissed; plaintiff ordered to pay defendant's costs as agreed or assessed.

Orders

  • ['The appeal is dismissed.' 'The decision of her Honour Magistrate Sweeney dated 21 July 2005 is affirmed.' 'The amended summons filed 6 February 2006 is dismissed.' "The plaintiff is to pay the defendant's costs as agreed or assessed."]