Shillington v Harries [2013] NSWSC 1202

Shillington v Harries [2013] NSWSC 1202

The defendant is neither a 'client' nor a 'third party payer' within the meaning of the Legal Profession Act 2004 because the legal services were provided to the trustees (plaintiffs), not to or for the defendant (beneficiary), and the defendant owed only an equitable, not a legal, obligation to indemnify trustees for legal costs incurred; no legal obligation to pay was imposed by court orders or contract.

Jurisdiction
Australia
Judgment Date
21 August 2013
Procedural Posture
Summons / Principal Judgment
Outcome
Declarations made that the defendant is not a client or third party payer for the relevant legal services; associated costs orders made in favour of the plaintiffs.
Legal Topics
['costs Assessment' 'meaning of Client Under Legal Profession Act 2004' 'meaning of Third Party Payer Under Legal Profession Act 2004' 'trustee Indemnity for Costs']
['trust Law' 'legal Profession Law'] ['costs Assessment' 'meaning of Client Under Legal Profession Act 2004' 'meaning of Third Party Payer Under Legal Profession Act 2004' 'trustee Indemnity for Costs']

Case Brief

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

Summons / Principal Judgment

Legal Issues

  1. 1 ["Whether the defendant, as a beneficiary of a trust, is a 'client' of the trustees for the purposes of the Legal Profession Act 2004" "Whether the defendant is a 'third party payer' under the Legal Profession Act 2004 in relation to legal costs incurred by the trustees"]

Ratio Decidendi

The defendant is neither a 'client' nor a 'third party payer' within the meaning of the Legal Profession Act 2004 because the legal services were provided to the trustees (plaintiffs), not to or for the defendant (beneficiary), and the defendant owed only an equitable, not a legal, obligation to indemnify trustees for legal costs incurred; no legal obligation to pay was imposed by court orders or contract.

Court Disposition

Declarations made that the defendant is not a client or third party payer for the relevant legal services; associated costs orders made in favour of the plaintiffs.

Orders

  • ["The costs of the first plaintiff and the second plaintiff in these proceedings be paid from the fund held by them on trust pursuant to the orders made by the Family Court of Australia in matter number (P)SYC C5110/2008 on 11 March 2011, 23 November 2011 and 30 November 2011 ('the trust fund')." 'Richard Harries...