Macdonald v Benjafield [1999] NSWSC 677

Macdonald v Benjafield [1999] NSWSC 677

There was a total failure of consideration in the contract as alleged by the Plaintiff; the promise that Defendants would remain on the record offered no real benefit and was illusory. There was no enforceable agreement to forgo legal fees if the Plaintiff lost his third party claim, as consideration (continued instructing or forbearance to sue) was lacking or illusory.

Parties
Plaintiff: Neil Macdonald; First Defendant: Peter Benjafield; Second Defendant: Benjafield & Anor
Jurisdiction
Australia
Judgment Date
06 July 1999
Procedural Posture
Contract/costs Dispute / Judgment at First Instance (supreme Court of Nsw)
Outcome
Dismissed with costs
Legal Topics
Agreement for Legal Services, Insufficient Consideration, Professional Negligence Allegations, Costs Assessments
Contract Law Legal Profession Costs Assessment Agreement for Legal Services Insufficient Consideration Professional Negligence Allegations Costs Assessments

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Parties

Neil Macdonald

Plaintiff

Peter Benjafield

First Defendant

Benjafield & Anor

Second Defendant

Procedural Posture

Contract/costs Dispute / Judgment at First Instance (supreme Court of Nsw)

Legal Issues

  1. 1 Whether an agreement was formed between Plaintiff and Defendants to forgo fees if Plaintiff’s third party claim failed
  2. 2 Whether there was sufficient consideration for the alleged agreement
  3. 3 Whether the Defendants’ professional work was negligent as alleged by Plaintiff

Ratio Decidendi

There was a total failure of consideration in the contract as alleged by the Plaintiff; the promise that Defendants would remain on the record offered no real benefit and was illusory. There was no enforceable agreement to forgo legal fees if the Plaintiff lost his third party claim, as consideration (continued instructing or forbearance to sue) was lacking or illusory.

Court Disposition

Dismissed with costs

Orders

  • The orders sought in the further Amended Summons are dismissed with costs.