Kells v Waters [2007] NSWSC 885

Kells v Waters [2007] NSWSC 885

The plaintiff did not establish that the Assessor exceeded jurisdiction or otherwise denied natural justice in her conduct of the hearing, reception of evidence, treatment of alleged fraud, or determination of the existence and scope of the agreement. However, the Assessor denied natural justice by failing to give adequate reasons explaining how any award could be made despite uncertainty about whether a proper bill had been rendered and by failing to explain how the figure of $1000 was calculated. Because the appeal was limited by s 73(2), grounds alleging ordinary legal error under the Legal Profession Act 2004 were incompetent.

Jurisdiction
Australia
Judgment Date
13 August 2007
Procedural Posture
Appeal From the Small Claims Division of the Local Court Under S 73(2) of the Local Courts Act 1982 / Supreme Court Judgment on Appeal; Parties Invited to Make Submissions on Final Orders
Outcome
Plaintiff established denial of natural justice in relation to adequacy of reasons, but no final orders were made in the judgment; parties were to be invited to make submissions on the form of final orders.
Legal Topics
['appeal From Small Claims Division' 'denial of Natural Justice' 'lack of Jurisdiction' 'adequacy of Reasons' 'solicitor Client Costs' 'costs Agreement' 'assessment of Legal Costs']
['civil Procedure' 'legal Profession' 'administrative Law'] ['appeal From Small Claims Division' 'denial of Natural Justice' 'lack of Jurisdiction' 'adequacy of Reasons' 'solicitor Client Costs' 'costs Agreement' 'assessment of Legal Costs']

Case Brief

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Procedural Posture

Appeal From the Small Claims Division of the Local Court Under S 73(2) of the Local Courts Act 1982 / Supreme Court Judgment on Appeal; Parties Invited to Make Submissions on Final Orders

Legal Issues

  1. 1 ['Whether the Local Court Assessor exceeded jurisdiction by deciding issues about credit, the existence of a costs agreement, alleged fraud, and by refusing to refer the matter to a magistrate.' "Whether the plaintiff was denied natural justice by the Assessor's handling of pleadings, interruptions, and refusal to receive late evidence." 'Whether the Assessor failed to give adequate reasons for finding the plaintiff entitled to $1000 despite uncertainty about compliance with Legal Profession Act billing requirements and for calculating that amount.' 'Whether grounds alleging errors under the Legal Profession Act 2004 were competent on an appeal limited by s 73(2) of the Local Courts Act 1982.']

Ratio Decidendi

The plaintiff did not establish that the Assessor exceeded jurisdiction or otherwise denied natural justice in her conduct of the hearing, reception of evidence, treatment of alleged fraud, or determination of the existence and scope of the agreement. However, the Assessor denied natural justice by failing to give adequate reasons explaining how any award could be made despite uncertainty about whether a proper bill had been rendered and by failing to explain how the figure of $1000 was calculated. Because the appeal was limited by s 73(2), grounds alleging ordinary legal error under the Legal Profession Act 2004 were incompetent.

Court Disposition

Plaintiff established denial of natural justice in relation to adequacy of reasons, but no final orders were made in the judgment; parties were to be invited to make submissions on the form of final orders.

Orders

  • ['Parties invited to make submissions upon the form of any final orders after considering the reasons.']