Wentworth v Rogers [2005] NSWSC 143

Wentworth v Rogers [2005] NSWSC 143

A costs assessor is entitled to determine the nature of a retainer in relation to an application for assessment of costs, including whether it is pro bono or 'no win/no pay.' Where a retainer as to costs is void for want of compliance with the statutory requirement of writing (s 184(4) Legal Profession Act 1987), this does not preclude recovery of reasonable remuneration on quantum meruit principles provided by the common law and Pavey & Matthews. The defendant remains entitled to the benefit of the costs orders, and the solicitor to the costs assessed, even absent a valid written costs agreement.

Parties
First Plaintiff: Katherine Wentworth; Second Plaintiff: Salvatore Russo; Defendant: Gordon John Rogers
Jurisdiction
Australia
Judgment Date
21 February 2005
Procedural Posture
Appeal / Appeal From Determination of Costs Assessor on a Matter of Law Under S.208 L of Legal Profession Act 1987
Outcome
Appeals dismissed with costs.
Legal Topics
Costs Orders, Costs Assessment, Party/party Costs, Costs Agreements, No Win/no Pay Agreements, Quantum Meruit
Civil Procedure Legal Profession Costs Orders Costs Assessment Party/party Costs Costs Agreements No Win/no Pay Agreements Quantum Meruit

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Parties

Katherine Wentworth

First Plaintiff

Salvatore Russo

Second Plaintiff

Gordon John Rogers

Defendant

Procedural Posture

Appeal / Appeal From Determination of Costs Assessor on a Matter of Law Under S.208 L of Legal Profession Act 1987

Legal Issues

  1. 1 Whether a costs assessor is entitled to determine the nature of retainer agreements (pro bono, no win/no pay etc.)
  2. 2 Whether the solicitor's retainers are void under s 184(4) of the Legal Profession Act 1987
  3. 3 Whether the Defendant is entitled to benefit from the costs orders, including on a quantum meruit basis if the costs agreements are void

Ratio Decidendi

A costs assessor is entitled to determine the nature of a retainer in relation to an application for assessment of costs, including whether it is pro bono or 'no win/no pay.' Where a retainer as to costs is void for want of compliance with the statutory requirement of writing (s 184(4) Legal Profession Act 1987), this does not preclude recovery of reasonable remuneration on quantum meruit principles provided by the common law and Pavey & Matthews. The defendant remains entitled to the benefit of the costs orders, and the solicitor to the costs assessed, even absent a valid written costs agreement.

Court Disposition

Appeals dismissed with costs.

Orders

  • Appeals against the decisions of the costs assessor as to matters of law are dismissed.
  • Plaintiffs are to pay the Defendant's costs of the appeals.