Lyons v Wende [2007] NSWSC 101

Lyons v Wende [2007] NSWSC 101

Given the grave and significant nature of the dispute concerning the very existence and terms of the retainer agreement, and as justice requires resolution with the benefit of oral evidence and cross-examination, leave to appeal should be granted under s 208M of the Legal Profession Act 1987.

Jurisdiction
Australia
Judgment Date
15 February 2007
Procedural Posture
Leave to Appeal (costs Assessment) / Application for Leave to Appeal From Costs Review Panel
Outcome
Leave to appeal granted; notice of motion dismissed; costs reserved to outcome of appeal.
Legal Topics
['leave to Appeal' 'costs Assessment' 'retainer Agreement' 'legal Profession Act 1987 Ss 208 M, 208 N']
['legal Profession' 'costs'] ['leave to Appeal' 'costs Assessment' 'retainer Agreement' 'legal Profession Act 1987 Ss 208 M, 208 N']

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Procedural Posture

Leave to Appeal (costs Assessment) / Application for Leave to Appeal From Costs Review Panel

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from the decision of the Costs Review Panel on a costs assessment under s 208M Legal Profession Act 1987' "Whether the retainer agreement between the parties was a 'no win/no fee' agreement or otherwise, and the consequences for entitlement to costs"]

Ratio Decidendi

Given the grave and significant nature of the dispute concerning the very existence and terms of the retainer agreement, and as justice requires resolution with the benefit of oral evidence and cross-examination, leave to appeal should be granted under s 208M of the Legal Profession Act 1987.

Court Disposition

Leave to appeal granted; notice of motion dismissed; costs reserved to outcome of appeal.

Orders

  • ['In accordance with s 208M of the Legal Profession Act 1987, leave to appeal from the decision of the Costs Review Panel of 29 July 2005 is granted.' 'The matter of the appeal is to be listed before the Registrar for procedural directions.' 'The question of costs of this summons to abide the outcome of the appeal.'...