PROCEDURE – COSTS – Costs assessment – where legal
services were provided by the respondents to the applicants between
December
2007 and September 2011 – where 115 tax invoices were issued for those
Source
Original judgment source is linked above.
Catchwords
PROCEDURE – COSTS – Costs assessment – where legalservices were provided by the respondents to the applicants betweenDecember2007 and September 2011 – where 115 tax invoices were issued for thoselegal services – where applicant seeksassessment of costs pursuant to s335 Legal Profession Act 2007 (Qld) (“the Act”) – wheremany invoices were issued more than 12 months prior to the application beingfiled on2 March 2012 – where respondent accepts that the applicant isentitled to assessment in relation to invoices issued within12 months prior to2 March 2012 – where respondent contends that the applicant is time-barredin relation to earlier invoicesby virtue of s 335(5) of the Act – whetherinvoices constitute interim or final bills – whether applicant is entitledto an assessment of costson all invoices issued by the respondentPROCEDURE – COSTS – Itemised bills – where applicantseeks a direction pursuant to r 743C Uniform Civil Procedure Rules 1999
(Qld) that the respondent deliver itemised bills – whether information
provided by the respondents to the applicants is inadequate
– whether the
respondent should be directed to deliver itemised bills
Clayton Utz Lawyers v P & W Enterprises Pty Ltd [2011] QDC 5,
cited
Golder Associates Pty Ltd v Challen [2012] QDC 11,
cited
Malleson, Stewart, Stawell and Nankivell v Williams [1930] VicLawRp 62
[1930] VLR
410, cited
Ralph Hume Garry v Gwillim (CA) [2003] 1 WLR 510,
considered
Re Lynch and Co Bill of Costs [2000] QSC 3,
followed
Re Romer & Haslam [1893] 2 QB 286, cited
Re
Walsh Halligan Douglas’ Bill of Costs [1990] 1 Qd R 288,
cited
Turner v Michells Solicitors [2011] QDC 61, followed
Vitobello and Hayter v Russell & Co Solicitors [2009] QDC 249,
cited
Judgment (22 paragraphs)
[1]
The application be dismissed in relation to the invoices which are listed as items 1 to 29, 32, 37 and 53 to 68 of MDG-6 of the affidavit of Mr Gill filed
[2]
By 11 May 2012, the applicants file and serve an affidavit or affidavits which:
[3]
(a) states which of the costs referred to in the invoices (including those delivered by the respondents on 21 March 2012 and 5 April 2012) are required to be assessed, excluding those invoices referred to in paragraph 1;
[4]
(b) if the applicants wish to dispute any of the costs in 2(a), the grounds on which the applicants rely to dispute the amount of the costs or liability to pay them.
[5]
Should the parties fail to agree by 25 May 2012 as to the amount payable in respect of the legal costs charged in the invoices referred to in paragraph 2(a) above, then those legal costs be assessed pursuant to Part 3.4 Division 7 of the Legal Profession Act2007 and Michael Graham be appointed as costs assessor to undertake the assessment of the invoices referred to in paragraph 2(a) above;
[6]
Costs of and incidental to the application and the carrying out of these orders be reserved.