Jones v The Owners Strata Plan No. 69008 [2017] NSWDC 430

Jones v The Owners Strata Plan No. 69008 [2017] NSWDC 430

As the plaintiff had not complied with statutory disclosure obligations regarding costs for work done prior to 9 July 2010, and had not sought assessment of those costs, the action to recover those costs was not maintainable under Legal Profession Act 2004 s 317. The costs agreement delivered 9 July 2010 did not retrospectively apply to earlier work. The defendant's admitted liability for post-9 July 2010 costs was satisfied by payment.

Parties
Plaintiff: Ian Jones; Defendant: The Owners Strata Plan No. 69008
Jurisdiction
Australia
Judgment Date
17 November 2017
Procedural Posture
Civil / Judgment on Notice of Motion to Dismiss and for Payment of Legal Costs
Outcome
Claim for recovery of costs for work prior to 9 July 2010 struck out; judgment for plaintiff for $4,769.11 for work done after 9 July 2010 (already paid); plaintiff to pay defendant's costs of the notice of motion and proceedings.
Legal Topics
Disclosure Requirements, Solicitor's Costs Recovery, Fee Agreements, Assessment of Costs
Costs Legal Profession Disclosure Requirements Solicitor's Costs Recovery Fee Agreements Assessment of Costs

Case Brief

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Parties

Ian Jones

Plaintiff

The Owners Strata Plan No. 69008

Defendant

Procedural Posture

Civil / Judgment on Notice of Motion to Dismiss and for Payment of Legal Costs

Legal Issues

  1. 1 Whether a solicitor can recover costs for work done prior to a costs agreement where statutory disclosure was not made under Legal Profession Act 2004
  2. 2 Whether a costs agreement delivered after commencement of retainer covers work done prior to its execution
  3. 3 Effect of failure to comply with statutory disclosure requirements on maintainability of proceedings for legal costs

Ratio Decidendi

As the plaintiff had not complied with statutory disclosure obligations regarding costs for work done prior to 9 July 2010, and had not sought assessment of those costs, the action to recover those costs was not maintainable under Legal Profession Act 2004 s 317. The costs agreement delivered 9 July 2010 did not retrospectively apply to earlier work. The defendant's admitted liability for post-9 July 2010 costs was satisfied by payment.

Court Disposition

Claim for recovery of costs for work prior to 9 July 2010 struck out; judgment for plaintiff for $4,769.11 for work done after 9 July 2010 (already paid); plaintiff to pay defendant's costs of the notice of motion and proceedings.

Orders

  • So much of the plaintiff's claim as relates to the sum of $23,256.82 for work done prior to 9 July 2010 is struck out.
  • Verdict and judgment for plaintiff against defendant for $4,769.11 (already paid).