Bingham v Bevan [2023] NSWCA 86

Bingham v Bevan [2023] NSWCA 86

The barrister, having contravened disclosure obligations and rendered the costs agreement void, cannot recover any more than would have been payable under the agreement if it were operative, due to s 185(2). The judgment entered on the costs certificate was 'irregular' because no actual liability to pay the assessed costs existed, warranting its setting aside.

Jurisdiction
Australia
Judgment Date
05 May 2023
Procedural Posture
Appeal / Judgment of the Court of Appeal
Outcome
Appeal allowed; prior judgment and cost orders set aside.
Legal Topics
['costs Assessment' 'disclosure Obligations' 'costs Agreements' 'setting Aside Judgments']
['civil Procedure' 'legal Profession'] ['costs Assessment' 'disclosure Obligations' 'costs Agreements' 'setting Aside Judgments']

Case Brief

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Procedural Posture

Appeal / Judgment of the Court of Appeal

Legal Issues

  1. 1 ['Whether the barrister was entitled to recover costs notwithstanding the costs agreement being void due to non-compliance with disclosure obligations' 'Whether the judgment registered on the costs certificate should be set aside under UCPR r 36.15 as entered irregularly']

Ratio Decidendi

The barrister, having contravened disclosure obligations and rendered the costs agreement void, cannot recover any more than would have been payable under the agreement if it were operative, due to s 185(2). The judgment entered on the costs certificate was 'irregular' because no actual liability to pay the assessed costs existed, warranting its setting aside.

Court Disposition

Appeal allowed; prior judgment and cost orders set aside.

Orders

  • ['Allow the appeal and set aside the judgment delivered on 29 June 2022 in the Common Law Division and the orders entered on 12 September 2022.' 'Set aside the judgment entered in favour of the plaintiff on 19 February 2021.' 'Order that the plaintiff (Christopher Bevan) pay the costs of the defendant (John David...