S Partners (a pseudonym) v Jones (a pseudonym) [2021] NSWDC 619

S Partners (a pseudonym) v Jones (a pseudonym) [2021] NSWDC 619

The Review Panel was entitled to set aside the costs agreement pursuant to s 328 of the Legal Profession Act 2004 (NSW), as the solicitors failed to provide an adequate initial estimate of total legal costs and failed to provide updated prospective disclosures as required by ss 309, 311 and 316, and because of post-agreement conduct. Although the Review Panel did not provide detailed reasons for its findings on disclosure, the evidence established non-compliance with statutory obligations, making any return to the panel futile. As such, there was no error of law in the decision to set aside the agreement or in other core findings, and procedural fairness was not denied.

Jurisdiction
Australia
Judgment Date
17 November 2021
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed. Decision of the Review Panel affirmed, subject to correction of solicitor identity in certificates and costs order.
Legal Topics
['costs Disclosure' 'costs Agreements' 'solicitor Client Costs' 'costs Assessment Appeal' 'procedural Fairness']
['costs Assessment' 'legal Profession'] ['costs Disclosure' 'costs Agreements' 'solicitor Client Costs' 'costs Assessment Appeal' 'procedural Fairness']

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Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 ['Whether the solicitors failed to make adequate disclosure of costs as required by the Legal Profession Act 2004 (NSW)' 'Whether the Review Panel erred in law in setting aside the costs agreement' 'Whether the Review Panel erred in law by making findings contrary to the evidence concerning disclosure, telephone calls and complexity of matter' 'Whether there was a denial of procedural fairness to the solicitors on the appeal']

Ratio Decidendi

The Review Panel was entitled to set aside the costs agreement pursuant to s 328 of the Legal Profession Act 2004 (NSW), as the solicitors failed to provide an adequate initial estimate of total legal costs and failed to provide updated prospective disclosures as required by ss 309, 311 and 316, and because of post-agreement conduct. Although the Review Panel did not provide detailed reasons for its findings on disclosure, the evidence established non-compliance with statutory obligations, making any return to the panel futile. As such, there was no error of law in the decision to set aside the agreement or in other core findings, and procedural fairness was not denied.

Court Disposition

Appeal dismissed. Decision of the Review Panel affirmed, subject to correction of solicitor identity in certificates and costs order.

Orders

  • ['Appeal dismissed.' 'Subject to Order (5), decision of the Review Panel is affirmed.' 'Order the plaintiff to pay the costs of the first defendant.' 'No order as to the costs of the second and third defendants.' 'Order that certain Certificates of Determination be set aside and re-issued in the same terms,...