Malvina Park Pty Ltd v Johnson [2019] NSWSC 1490

Malvina Park Pty Ltd v Johnson [2019] NSWSC 1490

Section 174(3) of the Legal Profession Uniform Law (NSW) is a disclosure obligation for the purposes of s 178(1). The plaintiff did not demonstrate a substantial reason for leave to appeal: its principal statutory construction argument failed, its further grounds concerning reasonable steps, r 72A and fixed fee assessment lacked sufficient merit or did not properly arise, and the amount in dispute was small relative to likely appeal costs. Leave to appeal was therefore refused.

Jurisdiction
Australia
Judgment Date
30 October 2019
Procedural Posture
Application for Leave to Appeal Against a Costs Review Panel Decision Under S 89(1)(b) of the Legal Profession Uniform Law Application Act 2014 (nsw) / Leave to Appeal in the Supreme Court of New South Wales
Outcome
Leave to appeal refused.
Legal Topics
['legal Profession Uniform Law Costs Disclosure Obligations' 'construction of S 174(3) and S 178(1)' 'disapplication Under R 72 a of the Legal Profession Uniform General Rules 2015 (nsw)' 'leave to Appeal From a Costs Review Panel' 'fixed Fee Costs Agreement in Motor Accidents Matter']
['costs Assessment' 'legal Profession Regulation' 'statutory Interpretation' 'civil Procedure' 'motor Accidents Compensation'] ['legal Profession Uniform Law Costs Disclosure Obligations' 'construction of S 174(3) and S 178(1)' 'disapplication Under R 72 a of the Legal Profession Uniform General Rules 2015 (nsw)' 'leave to Appeal From a Costs Review Panel' 'fixed Fee Costs Agreement in Motor Accidents Matter']

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Procedural Posture

Application for Leave to Appeal Against a Costs Review Panel Decision Under S 89(1)(b) of the Legal Profession Uniform Law Application Act 2014 (nsw) / Leave to Appeal in the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether s 174(3) of the Legal Profession Uniform Law (NSW) is a disclosure obligation within the meaning of s 178(1).' 'Whether the plaintiff took all reasonable steps to satisfy itself that the defendant understood and consented to the proposed course of action and proposed costs under s 174(3).' 'Whether r 72A of the Legal Profession Uniform General Rules 2015 (NSW) disapplied s 178(1) in the circumstances.' 'Whether, if a valid fixed fee costs agreement existed, it was appropriate to assess the fee as fair and reasonable by retrospectively calculating the value of the work on an hourly basis following an early settlement.' 'Whether leave to appeal should be granted where the amount in dispute was less than $100,000.']

Ratio Decidendi

Section 174(3) of the Legal Profession Uniform Law (NSW) is a disclosure obligation for the purposes of s 178(1). The plaintiff did not demonstrate a substantial reason for leave to appeal: its principal statutory construction argument failed, its further grounds concerning reasonable steps, r 72A and fixed fee assessment lacked sufficient merit or did not properly arise, and the amount in dispute was small relative to likely appeal costs. Leave to appeal was therefore refused.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal is refused.' 'The defendant shall have costs of the appeal as agreed or as assessed.']