SWS Lawyers Pty Ltd v Matthew Tumbers [2022] NSWLC 19

SWS Lawyers Pty Ltd v Matthew Tumbers [2022] NSWLC 19

Matthew Tumbers is liable for the first invoice based on a signed costs agreement; no contractual liability proven for second or third invoice as neither actual, implied, nor ostensible authority was established for Neil Tumbers to bind Matthew Tumbers. The plaintiff validly appropriated the $8000 payment to the...

Source-derived case information.

Parties
Plaintiff: SWS Lawyers Pty Ltd; Defendant: Matthew Tumbers
Jurisdiction
Australia
Judgment Date
21 September 2022
Procedural Posture
Civil / Verdict and Judgment
Outcome
Judgment for the Plaintiff only in respect of the first invoice; no liability for Defendant in respect of second and third invoices.
Legal Topics
Costs Agreement, Authority of Agent, Liability for Legal Fees
Contract Legal Services Agency Costs Agreement Authority of Agent Liability for Legal Fees

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Parties

SWS Lawyers Pty Ltd

Plaintiff

Matthew Tumbers

Defendant

Procedural Posture

Civil / Verdict and Judgment

Legal Issues

  1. 1 Is Matthew Tumbers liable for payment of legal services provided by SWS Lawyers Pty Ltd under three invoices?
  2. 2 Was there a valid costs agreement between SWS Lawyers Pty Ltd and Matthew Tumbers for the relevant services?
  3. 3 Did Neil Tumbers have actual, implied, or ostensible authority to bind Matthew Tumbers as an agent for legal instructions?

Ratio Decidendi

Matthew Tumbers is liable for the first invoice based on a signed costs agreement; no contractual liability proven for second or third invoice as neither actual, implied, nor ostensible authority was established for Neil Tumbers to bind Matthew Tumbers. The plaintiff validly appropriated the $8000 payment to the second invoice.

Court Disposition

Judgment for the Plaintiff only in respect of the first invoice; no liability for Defendant in respect of second and third invoices.

Orders

  • Verdict and Judgment for the Plaintiff in the sum of $4,788.30 together with interest calculated at the rate prescribed under Rule 75 of the Legal Profession Uniform General Rules 2015 (NSW) from 31 August 2019.
  • Costs reserved.