Benjamin and Khoury Solicitors v KESSLY

Benjamin and Khoury Solicitors (the applicants) sought to recover outstanding professional fees from KESSLY (the respondent) for legal services rendered in relation to a dispute concerning a commercial lease. The applicants had provided advice and representation to the respondent in a matter that ultimately proceeded to arbitration. The core of the dispute revolved around the quantum of fees claimed by the solicitors and whether those fees were reasonable and properly incurred.

The primary legal issue before the court was whether the applicants had discharged their burden of proving that the fees charged to the respondent were fair and reasonable, and that the work performed was necessary and properly undertaken. This involved an assessment of the scope of the retainer, the nature of the services provided, and the hourly rates charged by the solicitors. The court was also required to consider whether any of the claimed costs were excessive or not properly attributable to the respondent's instructions.

Judge Street found that the applicants had not sufficiently discharged their evidentiary burden. While the retainer was established, the court was not satisfied that all the work performed was necessary or that the fees charged were entirely reasonable in the circumstances. Specific concerns were raised regarding the time spent on certain tasks and the overall quantum of the bill. Consequently, the court determined that the applicants were not entitled to recover the full amount of their claimed fees. The court ordered that the applicants recover a reduced amount of their professional fees, reflecting the court's assessment of what was fair and reasonable in the circumstances.