Orr v Grogan & 2 Ors [1999] NSWSC 665

Orr v Grogan & 2 Ors [1999] NSWSC 665

The authority was not limited to costs and disbursements incurred to 10 October 1990; it extended to costs and disbursements in the Family Court proceedings incurred to date and prospectively. After receiving the authority and repeated notifications of the claimed amounts, Ms Linden gave no indication that the authority would not be implemented. By 6 February 1991, the absence of any such indication amounted to an implied assurance to Mr Orr that the authority would be implemented, and a reasonable solicitor in both positions would have understood that consequence. Under the Bowstead principle, once that assurance was given, the defendants were bound to account to Mr Orr despite Mr Nove's...

Jurisdiction
Australia
Judgment Date
06 July 1999
Procedural Posture
Money Claim by a Solicitor Against Solicitors Concerning Liability to Account Under an Irrevocable Authority / Judgment After Hearing
Outcome
Plaintiff entitled to judgment for $27,116 plus interest; parties to bring in short minutes of order.
Legal Topics
["solicitor's Liability to Account" 'irrevocable Authority' 'implied Promise to Account' "client's Fresh Instructions" 'interest Under Supreme Court Act 1970, S 94']
['legal Practitioners' 'agency' 'costs' 'civil Procedure'] ["solicitor's Liability to Account" 'irrevocable Authority' 'implied Promise to Account' "client's Fresh Instructions" 'interest Under Supreme Court Act 1970, S 94']

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

Money Claim by a Solicitor Against Solicitors Concerning Liability to Account Under an Irrevocable Authority / Judgment After Hearing

Legal Issues

  1. 1 ["Whether the defendants were liable to account to Mr Orr pursuant to Mr Nove's irrevocable authority despite later instructions not to pay Mr Orr from the Tyagarah sale proceeds." 'Whether the authority covered only costs and disbursements incurred to date or also prospective costs and disbursements.' 'Whether silence after receiving the authority and later notifications of the amount claimed amounted to an implied promise or assurance to implement the authority.' "Whether the defendants' liability depended on the sale proceeds being physically held in their trust account." 'Whether any undertaking was given by Ms Linden to hold funds pending further Law Society advice or to give notice before disbursing funds.']

Ratio Decidendi

The authority was not limited to costs and disbursements incurred to 10 October 1990; it extended to costs and disbursements in the Family Court proceedings incurred to date and prospectively. After receiving the authority and repeated notifications of the claimed amounts, Ms Linden gave no indication that the authority would not be implemented. By 6 February 1991, the absence of any such indication amounted to an implied assurance to Mr Orr that the authority would be implemented, and a reasonable solicitor in both positions would have understood that consequence. Under the Bowstead principle, once that assurance was given, the defendants were bound to account to Mr Orr despite Mr Nove's...

Court Disposition

Plaintiff entitled to judgment for $27,116 plus interest; parties to bring in short minutes of order.

Orders

  • ['The balance of taxed costs payable by Mr Nove was $27,116.' 'Mr Orr is entitled to judgment in that amount plus interest.' 'Interest is pursuant to s 94 of the Supreme Court Act 1970.' 'The parties should bring in short minutes of order to implement the judgment.']