Pentelow v Bell Lawyers Pty Ltd trading as Bell Lawyers (No 2) [2013] NSWSC 288

Pentelow v Bell Lawyers Pty Ltd trading as Bell Lawyers (No 2) [2013] NSWSC 288

The appeal is allowed as the parties resolved all factual issues by agreement, legal questions were determined, and the court has jurisdiction to make final orders under s 75A(10) of the Supreme Court Act 1970, facilitating a just, quick, and cheap resolution. The requirements for a Suitors Fund certificate are met.

Source-derived case information.

Parties
Plaintiff: Janet Pentelow; Defendant: Bell Lawyers Pty Ltd
Jurisdiction
Australia
Judgment Date
04 April 2013
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Appeal, Judgment and Orders, Suitors Fund Act Certificate
Costs Appeal Judgment and Orders Suitors Fund Act Certificate

Source-derived case record

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Parties

Janet Pentelow

Plaintiff

Bell Lawyers Pty Ltd

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appeal should be allowed and Local Court judgment varied
  2. 2 Whether orders can be made finally disposing the first instance proceedings by agreement under Supreme Court Act 1970 s 75A
  3. 3 Whether certificate under Suitors Fund Act 1951 should be granted

Ratio Decidendi

The appeal is allowed as the parties resolved all factual issues by agreement, legal questions were determined, and the court has jurisdiction to make final orders under s 75A(10) of the Supreme Court Act 1970, facilitating a just, quick, and cheap resolution. The requirements for a Suitors Fund certificate are met.

Court Disposition

Appeal allowed

Orders

  • The judgment of the Local Court is varied by deleting the orders made by the Magistrate and substituting: (1) Judgment for the Plaintiff against the Defendant in the sum of $23,760 for claim and $4343.16 for interest to 22 February 2013, a total of $28,103.16, plus interest of $3.28 per day from 22 February 2013 to...
  • Order that the Defendant pay the Plaintiff's costs.