Benton v CMC Lawyers Pty Ltd [2022] NSWSC 1548

Benton v CMC Lawyers Pty Ltd [2022] NSWSC 1548

Both the order for an itemised bill and declaration permitting assessment after 12 months were granted because the applicant was not a sophisticated client, delay was understandable, troubling aspects existed regarding costs disclosures, fiduciary duties were owed, and the interests of justice weighed in favour of...

Source-derived case information.

Parties
Applicant: Michelle Benton; Respondent: CMC Lawyers Pty Ltd
Jurisdiction
Australia
Judgment Date
17 November 2022
Procedural Posture
Civil Application / Principal Judgment
Outcome
Orders granted for itemised bill and late assessment; costs reserved.
Legal Topics
Application for Itemised Bill of Costs, Costs Assessment, Delay in Application, Solicitor Client Relationship, Disclosure Obligations
Civil Procedure Legal Profession Costs Application for Itemised Bill of Costs Costs Assessment Delay in Application Solicitor Client Relationship Disclosure Obligations

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Parties

Michelle Benton

Applicant

CMC Lawyers Pty Ltd

Respondent

Procedural Posture

Civil Application / Principal Judgment

Legal Issues

  1. 1 Should the Court exercise its discretion to order the respondent to provide an itemised bill of costs under s 728 of the Legal Profession Act 2004?
  2. 2 Is it just and fair for an application for assessment to be dealt with after the 12-month period permitted under s 350(5) of the Legal Profession Act 2004?

Ratio Decidendi

Both the order for an itemised bill and declaration permitting assessment after 12 months were granted because the applicant was not a sophisticated client, delay was understandable, troubling aspects existed regarding costs disclosures, fiduciary duties were owed, and the interests of justice weighed in favour of making both orders despite some presumptive and actual prejudice to the respondent.

Court Disposition

Orders granted for itemised bill and late assessment; costs reserved.

Orders

  • Order under s 728 of the Legal Profession Act 2004 that the defendant provide to the plaintiff an itemised bill of costs for the invoice issued on 11 April 2018, including services by Mr Quinlivan, within 28 days.
  • Declaration that it is just and fair for an application for assessment to be dealt with after the 12-month period permitted under s 350(5) of the Legal Profession Act 2004.