Camilleri v Gardiman [2024] NSWSC 884

Camilleri v Gardiman [2024] NSWSC 884

The adjournment was refused because the Defendants' evidence and submissions about needing further preparation rose no higher than speculation, no sufficient reason was shown why the matter could not proceed, and any demonstrated need for additional time could be accommodated by liberty to apply to vary compliance times. The Plaintiff was entitled to orders requiring itemised bills of costs and delivery of client documents and files because the work had been performed and paid for, no lien was asserted, and the material justified relief. Indemnity costs were refused because the complained-of conduct occurred before commencement and did not amount to relevant delinquency in the conduct of...

Jurisdiction
Australia
Judgment Date
22 July 2024
Procedural Posture
Summons Seeking Orders That Former Solicitors Provide Itemised Bills of Costs and Deliver Up Client Documents and Files / Duty List Hearing of Adjournment Application and Substantive Application
Outcome
Adjournment refused; substantive relief granted requiring itemised bills of costs and delivery of client documents and files; indemnity costs refused; costs ordered on the ordinary basis.
Legal Topics
['adjournment' 'order to Deliver File' 'order to Provide Itemised Bill of Costs' 'indemnity Costs' 'overriding Purpose']
['practice and Procedure' 'solicitors' 'costs'] ['adjournment' 'order to Deliver File' 'order to Provide Itemised Bill of Costs' 'indemnity Costs' 'overriding Purpose']

Case Brief

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Procedural Posture

Summons Seeking Orders That Former Solicitors Provide Itemised Bills of Costs and Deliver Up Client Documents and Files / Duty List Hearing of Adjournment Application and Substantive Application

Legal Issues

  1. 1 ['Whether the proceedings should be adjourned to allow the First and Third to Tenth Defendants more time to prepare.' 'Whether the Defendants should be ordered to provide itemised bills of costs for legal services previously provided to the Plaintiff.' "Whether the Defendants should be ordered to deliver up the Plaintiff's client documents and files." "Whether the Plaintiff's costs should be ordered on an indemnity basis or on the ordinary basis."]

Ratio Decidendi

The adjournment was refused because the Defendants' evidence and submissions about needing further preparation rose no higher than speculation, no sufficient reason was shown why the matter could not proceed, and any demonstrated need for additional time could be accommodated by liberty to apply to vary compliance times. The Plaintiff was entitled to orders requiring itemised bills of costs and delivery of client documents and files because the work had been performed and paid for, no lien was asserted, and the material justified relief. Indemnity costs were refused because the complained-of conduct occurred before commencement and did not amount to relevant delinquency in the conduct of...

Court Disposition

Adjournment refused; substantive relief granted requiring itemised bills of costs and delivery of client documents and files; indemnity costs refused; costs ordered on the ordinary basis.

Orders

  • ["Pursuant to s 472(1)(a) of the Legal Profession Uniform Law 2014 (NSW), alternatively pursuant to s 728 of the Legal Profession Act 2004 (NSW) or the Court's inherent jurisdiction, within 14 days of the order the Defendants provide to the Plaintiff a bill of costs in itemised form in respect of the legal services...