Recent Cases

Bingham v Bevan [2023] NSWCA 86 (05 May 2023) (Meagher and White JJA, Basten AJA)


Catchwords:


COSTS – assessment – jurisdiction of costs assessor to make binding finding as to liability to pay costs – effect of finding as to breach of disclosure obligations by applicant for assessment – effect of certificate determining amount of costs payable – whether finding that costs due and payable

COSTS – disclosure obligations – costs agreements – agreement between law practices – payment contingent on solicitor being funded by client – barrister’s disclosure obligations to solicitor – barrister issued invoice for amount grossly in excess of costs estimate – contravention of disclosure obligations – costs agreement void – effect on contingent liability – statutory protection from liability for more than due under void contract – effect of s 185(2) of Legal Profession Uniform Law (NSW)

JUDGMENTS AND ORDERS – certificate of determination of costs – effect of filing of certificate and entry as judgment of court – whether taken to be a judgment of that court if no liability to pay fees –whether judgment entered irregularly, illegally or against good faith – whether judgment given in absence of a party