Jefferis v Gells Pty Ltd [2018] NSWDC 73

Jefferis v Gells Pty Ltd [2018] NSWDC 73

Summary judgment is only appropriate for the uncontested Wong retainer ($2,540) as no defence was available; real questions remain regarding the Steiner retainers and must be determined at hearing.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 March 2018
Procedural Posture
Civil / Summary Judgment Motion
Outcome
summary judgment partially granted, motion otherwise dismissed
Legal Topics
['costs Assessment' 'summary Judgment' 'retainer Agreement' 'contingency Fees' 'waiver' 'estoppel']
['civil Procedure'] ['costs Assessment' 'summary Judgment' 'retainer Agreement' 'contingency Fees' 'waiver' 'estoppel']

Source-derived case record

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

Civil / Summary Judgment Motion

Legal Issues

  1. 1 ['whether the quantum of fees sought was fair and reasonable' 'whether costs assessor had jurisdiction to determine precise terms of retainer' 'whether summary judgment should be granted' 'whether defences concerning waiver, estoppel, and contingency retainers were still available']

Ratio Decidendi

Summary judgment is only appropriate for the uncontested Wong retainer ($2,540) as no defence was available; real questions remain regarding the Steiner retainers and must be determined at hearing.

Court Disposition

summary judgment partially granted, motion otherwise dismissed

Orders

  • ['Summary judgment for the plaintiff for $2,540 in relation to paragraphs 3-15 of the Further Amended Statement of Claim filed on 1 July 2017.' "Plaintiff's Notice of Motion filed on 22 December 2017 otherwise dismissed." "Order the plaintiff to pay 80% of the defendant's costs of the Motion, as agreed or assessed."]