Mangano v Bullen [2024] NSWDC 294

Mangano v Bullen [2024] NSWDC 294

Ms Mangano failed to provide sufficient evidence that s 178 of the Legal Profession Uniform Law (NSW) was not complied with. Even if non-compliance were established, this affects only the timing and recoverability of fees as between solicitor and client and does not invalidate an order for costs against an unsuccessful party under the indemnity principle. There was a retainer, invoices issued, some fees paid, and specific undertakings for payment. The fundamental legal proposition advanced by Ms Mangano is contrary to established legal principles and case law, and the appeal is accordingly dismissed.

Parties
Plaintiff: Silvana Mangano; Defendant: Rosemary Bullen
Jurisdiction
Australia
Judgment Date
11 July 2024
Procedural Posture
Civil Appeal / Judgment on Appeal and Notice of Motion
Outcome
Appeal and notice of motion dismissed. Costs to Defendant on lump sum basis. Liberty reserved to Plaintiff to apply.
Legal Topics
Appeal From Legal Costs Review Panel, Indemnity Principle, Construction of Legal Profession Uniform Law S 178, Costs Assessment, Leave to Appeal, Finality of Litigation
Civil Procedure Legal Costs Appeal From Legal Costs Review Panel Indemnity Principle Construction of Legal Profession Uniform Law S 178 Costs Assessment Leave to Appeal Finality of Litigation

Case Brief

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Parties

Silvana Mangano

Plaintiff

Rosemary Bullen

Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal and Notice of Motion

Legal Issues

  1. 1 Whether failure to comply with s 178 of Legal Profession Uniform Law (NSW) invalidates ordered costs assessed against unsuccessful party
  2. 2 Application of indemnity principle to costs assessments where costs agreement or statutory disclosure is challenged
  3. 3 Whether appeal out of time should be allowed

Ratio Decidendi

Ms Mangano failed to provide sufficient evidence that s 178 of the Legal Profession Uniform Law (NSW) was not complied with. Even if non-compliance were established, this affects only the timing and recoverability of fees as between solicitor and client and does not invalidate an order for costs against an unsuccessful party under the indemnity principle. There was a retainer, invoices issued, some fees paid, and specific undertakings for payment. The fundamental legal proposition advanced by Ms Mangano is contrary to established legal principles and case law, and the appeal is accordingly dismissed.

Court Disposition

Appeal and notice of motion dismissed. Costs to Defendant on lump sum basis. Liberty reserved to Plaintiff to apply.

Orders

  • Dismiss the summons commencing an appeal filed 5 April 2024.
  • Dismiss the notice of motion filed by Ms Mangano on 29 April 2024.