Allwood v Peter Vivian Benjafield t/as Benjafield & Associates Lawyers

This matter concerned an appeal to the Court of Appeal of New South Wales concerning judicial review of a District Court decision. The dispute arose from costs assessments in relation to invoices rendered by a solicitor, Peter Vivian Benjafield, who was also the executor of the client's estate. The beneficiaries of the estate had sought to prosecute these costs assessments.

The primary legal issue before the Court of Appeal was whether the District Court erred in setting aside the determinations made by a costs assessor and a review panel, specifically in light of the alleged lack of standing of the beneficiaries to prosecute the costs assessments. A related issue concerned the position of conflict of an executor who is also the solicitor for the estate and whether steps should have been taken to avoid such a conflict.

The Court of Appeal found that the District Court had erred in its decision. It held that the beneficiaries did possess the necessary standing to prosecute the costs assessments. The Court reasoned that the executor, by acting as both executor and solicitor, had placed himself in a position of conflict, and that the beneficiaries were entitled to challenge the costs incurred. The Court applied principles of administrative law and succession law concerning the duties of executors and the right of beneficiaries to scrutinise estate expenses.

The Court of Appeal set aside the orders of the District Court, dismissing the appeal to that court and confirming the determination of the Review Panel. There were no orders as to the costs of the District Court proceedings, but the first respondent was ordered to pay the costs of the Court of Appeal proceedings. The Court also extended the time for the commencement of the proceedings.