Translawcom Pty Ltd v Daniel [2020] NSWLC 10

Translawcom Pty Ltd v Daniel [2020] NSWLC 10

The Plaintiff's claim was commenced contrary to s 194(2) of the Legal Profession Uniform Law (NSW) No 16a, as legal costs were the subject of a costs dispute before the Office of the Legal Services Commissioner, thereby constituting an abuse of process and requiring summary dismissal of the claim regardless of the Plaintiff’s lack of knowledge of the dispute.

Parties
Plaintiff: Translawcom Pty Ltd; Defendant: Ray Daniel
Jurisdiction
Australia
Judgment Date
28 May 2020
Procedural Posture
Civil / Summary Dismissal Motion
Outcome
Plaintiff's Statement of Claim dismissed. Costs reserved.
Legal Topics
Summary Dismissal, Abuse of Process, Costs Dispute, Legal Profession Uniform Law, Small Claims Division
Civil Procedure Summary Dismissal Abuse of Process Costs Dispute Legal Profession Uniform Law Small Claims Division

Case Brief

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Parties

Translawcom Pty Ltd

Plaintiff

Ray Daniel

Defendant

Procedural Posture

Civil / Summary Dismissal Motion

Legal Issues

  1. 1 Whether s 194(2) of the Legal Profession Uniform Law (NSW) precluded the Plaintiff from commencing proceedings to recover legal costs
  2. 2 Whether claim constitutes abuse of process under s 194(2) of the Legal Profession Uniform Law (NSW)

Ratio Decidendi

The Plaintiff's claim was commenced contrary to s 194(2) of the Legal Profession Uniform Law (NSW) No 16a, as legal costs were the subject of a costs dispute before the Office of the Legal Services Commissioner, thereby constituting an abuse of process and requiring summary dismissal of the claim regardless of the Plaintiff’s lack of knowledge of the dispute.

Court Disposition

Plaintiff's Statement of Claim dismissed. Costs reserved.

Orders

  • The Plaintiff's claim is dismissed.
  • Costs reserved.