Kenna v Lloyd [2021] NSWSC 1294

Kenna v Lloyd [2021] NSWSC 1294

The appeal was dismissed because the costs agreement was valid under the Legal Profession Uniform Law despite the use of a middle name, there was no legal requirement for the barrister to exclusively use the name on his practising certificate when contracting if his identity was clear, and there were no triable issues of fact or substantial denial of procedural fairness such as to justify setting aside the summary judgment.

Jurisdiction
Australia
Judgment Date
13 October 2021
Procedural Posture
Appeal / Judgment After Appeal Hearing
Outcome
appeal dismissed
Legal Topics
["unpaid Barrister's Fees" 'summary Judgment' 'costs Agreement Validity' 'barrister Identity Requirements' 'procedural Fairness in Summary Judgment']
['civil Law'] ["unpaid Barrister's Fees" 'summary Judgment' 'costs Agreement Validity' 'barrister Identity Requirements' 'procedural Fairness in Summary Judgment']

Case Brief

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Procedural Posture

Appeal / Judgment After Appeal Hearing

Legal Issues

  1. 1 ['Whether the costs agreement between the barrister and client was valid under Legal Profession Uniform Law 2014 (NSW)' 'Whether a barrister must operate in the precise name shown on their practising certificate' 'Whether the summary judgment was properly entered in light of possible factual disputes and the need for cross-examination' 'Whether s 18 of the Australian Consumer Law (misleading conduct) operates as a defence in proceedings for unpaid professional fees' 'Whether procedural fairness was denied in failing to allow cross-examination']

Ratio Decidendi

The appeal was dismissed because the costs agreement was valid under the Legal Profession Uniform Law despite the use of a middle name, there was no legal requirement for the barrister to exclusively use the name on his practising certificate when contracting if his identity was clear, and there were no triable issues of fact or substantial denial of procedural fairness such as to justify setting aside the summary judgment.

Court Disposition

appeal dismissed

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.' "The plaintiff is to pay the defendant's costs."]