Steirn v Spanko Soulos Legal Services Pty Limited and Anor [2009] NSWSC 1388

Steirn v Spanko Soulos Legal Services Pty Limited and Anor [2009] NSWSC 1388

The lower court erred by failing to provide adequate reasons and by concluding there was no costs agreement, despite evidence that acceptance could be inferred from Spanko's conduct in acting as instructing solicitor and dealing with the plaintiff. The appeal was allowed, judgment set aside, and the matter remitted for redetermination.

Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Appeal / Judgment on Appeal From Local Court Decision
Outcome
Appeal upheld; lower court judgment set aside; matter remitted to Local Court; costs to follow event unless otherwise agreed.
Legal Topics
['costs Agreement' 'enforcement of Legal Fees' 'procedural Fairness' 'effect of Silence or Conduct on Contract Formation' 'disclosure Obligations Under Legal Profession Act']
['contract Law' 'legal Profession'] ['costs Agreement' 'enforcement of Legal Fees' 'procedural Fairness' 'effect of Silence or Conduct on Contract Formation' 'disclosure Obligations Under Legal Profession Act']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Judgment on Appeal From Local Court Decision

Legal Issues

  1. 1 ['Whether a costs agreement was reached between the plaintiff and the first defendant' 'Whether the requirements of the Legal Profession Act 1987 and Legal Profession Regulation 2005 precluded the plaintiff from enforcing the costs agreement' 'Whether the lower court erred in finding no agreement existed and in failing to provide adequate reasons']

Ratio Decidendi

The lower court erred by failing to provide adequate reasons and by concluding there was no costs agreement, despite evidence that acceptance could be inferred from Spanko's conduct in acting as instructing solicitor and dealing with the plaintiff. The appeal was allowed, judgment set aside, and the matter remitted for redetermination.

Court Disposition

Appeal upheld; lower court judgment set aside; matter remitted to Local Court; costs to follow event unless otherwise agreed.

Orders

  • ['Appeal upheld' 'Judgment set aside' 'Matter remitted to Local Court for determination according to law' 'Costs to follow the event']