Steele v Marshan [2012] NSWCA 141

Steele v Marshan [2012] NSWCA 141

Leave to appeal was refused because the asserted issue of principle was not raised before the Magistrate or the primary judge and, in any event, was without merit. Pegrum, read in context, was consistent with Empirnall and did not create an erroneous presumption of contract; the finding that a contractual...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 May 2012
Procedural Posture
Civil Application for Leave to Appeal / Application for Leave to Appeal to the Court of Appeal From the Judgment of Adamson J in the Common Law Division Dismissing an Appeal From the Local Court
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'second Appeal' 'implied Retainer' 'solicitor Client Relationship' 'costs Disclosure' 'assessment of Legal Costs']
['appeals' 'legal Practitioners' 'contract Law' 'costs'] ['leave to Appeal' 'second Appeal' 'implied Retainer' 'solicitor Client Relationship' 'costs Disclosure' 'assessment of Legal Costs']

Source-derived case record

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Procedural Posture

Civil Application for Leave to Appeal / Application for Leave to Appeal to the Court of Appeal From the Judgment of Adamson J in the Common Law Division Dismissing an Appeal From the Local Court

Legal Issues

  1. 1 ['Whether leave to appeal should be granted where the applicant raised an issue of principle about implied retainer for the first time in the Court of Appeal.' 'Whether the Magistrate erred in finding an implied retainer between the applicant and the respondent solicitor.' 'Whether the test in Pegrum v Fatharly was inconsistent with Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd.']

Ratio Decidendi

Leave to appeal was refused because the asserted issue of principle was not raised before the Magistrate or the primary judge and, in any event, was without merit. Pegrum, read in context, was consistent with Empirnall and did not create an erroneous presumption of contract; the finding that a contractual solicitor-client relationship was implied from the circumstances was open and no error of legal principle was shown.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['Dismiss the application for leave to appeal from the judgment of Adamson J in the Common Law Division.' 'Order the applicant to pay the costs of the respondent in this Court.']