Bingham v Bevan [2024] NSWSC 1045

Bingham v Bevan [2024] NSWSC 1045

The Barrister may not register or pursue the Review Panel costs certificate against the Solicitor, having undertaken to forebear, and, aside from that, the Summons is dismissed with each party to bear their own costs. The right to register a costs certificate against a solicitor depends on the solicitor having been put into funds by the client, as established in previous appellate authority.

Jurisdiction
Australia
Judgment Date
20 August 2024
Procedural Posture
Principal Judgment / Final Orders
Outcome
Summons dismissed subject to undertaking; each party bears own costs.
Legal Topics
['costs Assessment' 'costs Agreements' 'enforcement of Costs Certificates' 'declarations' 'statutory Interpretation']
['costs' 'civil Procedure'] ['costs Assessment' 'costs Agreements' 'enforcement of Costs Certificates' 'declarations' 'statutory Interpretation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Principal Judgment / Final Orders

Legal Issues

  1. 1 ['Whether the defendant (Barrister) can register the Certificate of Determination of Review for costs against the plaintiff (Solicitor) before the Solicitor is put into funds by the client' 'Whether the Barrister can register and enforce the certificate relating to the Review Panel costs' 'Entitlement to declaratory relief' 'Who should bear the costs of the proceedings']

Ratio Decidendi

The Barrister may not register or pursue the Review Panel costs certificate against the Solicitor, having undertaken to forebear, and, aside from that, the Summons is dismissed with each party to bear their own costs. The right to register a costs certificate against a solicitor depends on the solicitor having been put into funds by the client, as established in previous appellate authority.

Court Disposition

Summons dismissed subject to undertaking; each party bears own costs.

Orders

  • ['The Court notes that, by an undertaking given through his solicitor to the Court, the defendant will not register the Certificate of Determination of Review dated 22 April 2021 in the amount of $2,100.45, relating to the costs of the Review Panel, or otherwise pursue the amount of that Certificate against the...