Blanch v Smith

[2025] NSWDC 94

District Court

New South Wales

Medium Neutral Citation:

Blanch v Smith [2025] NSWDC 94

Hearing dates:

Decided on the papers

Decision date:

28 March 2025

Jurisdiction:

Civil

Before:

Wass SC DCJ

Decision:

See [25]

Catchwords:

COSTS — Costs on appeal — Appeal against dismissal of application for apprehended personal violence order — Appeal allowed — Fair and reasonable — Complex matter — Constitutional questions — Need for counsel — Public interest in pro bono or conditional costs arrangements for legal assistance

Legislation Cited:

Crimes (Appeal and Review) Act 2001 (NSW)

Crimes (Personal and Domestic Violence) Act 2007 (NSW)

Cases Cited:

Blanch v Smith [2024] NSWDC 631

Ly v Jenkins (2001) 187 ALR 178

Ohn v Walton (1995) 36 NSWLR 77

Category:

Costs

Parties:

Stephanie Blanch (Appellant)
Kirralie Smith (Respondent)

Representation:

Counsel:
T O’Rourke (Appellant)

Solicitors:
Inner City Legal Centre (Appellant)
Solve Legal (Respondent)

File Number(s):

2023/75275

JUDGMENT

Introduction and Background

1. The Appellant successfully appealed against a judgment of the Local Court, declining to grant her an apprehended violence order in the circumstances set out in my judgment of Blanch v Smith [2024] NSWDC 631 (“the Judgment”) delivered on 20 December 2024.

2. The Appellant thereafter made an application for costs.  

3. Pursuant to a timetable set by the Court, the Appellant filed written submissions seeking costs and prepared the appropriate affidavit.   

4. The Respondent did not wish to be heard and does not challenge the Appellant’s evidence.

The Fees Charged

5. The affidavit filed for the Appellant from Karen Rita Beashel, Principal Solicitor of the Inner City Legal Centre, dated 3 February 2025 provides the following unchallenged evidence:  

1. The Inner City Legal Centre appeared for the Appellant both in the Local Court and on the Appeal on a no fee or pro bono basis. 

2. Tahn O'Rourke was retained as Counsel on the Appeal on a conditional basis on the terms set out in her costs agreement dated 12 July 2024, which was accepted by the Appellant as a condition of Ms O’Rourke taking the brief to advise and appear.  

3. That agreement provided relevantly that:

1. Payment is conditional on the successful outcome of the matter and the granting of her fees through an order for the payment of her costs by the Court;

2. Ms O’Rourke’s daily hearing fee was $2,400.00 for every day or part thereof occupied by, listed or set aside for any Court appearance; 

3. A directions hearing fee of $500.00 for mentions and directions hearing;

4. An hourly rate of $240.00 rounded up to the nearest quarter hour, for conferences, chamber work (including reading, researching and preparing written advice) and preparation;

5. The ability to pass on any disbursements such as photocopying and printing; and  

6. The charges were exclusive of GST.  

4. On the successful outcome of the proceedings in favour of the Appellant, on 3 February 2025, Ms O’Rourke rendered a Tax Invoice in the sum of $8,624.55 plus GST in the sum of $862.45, totalling $9,487.000.  

5. That Tax Invoice was attended with a schedule itemizing the work done by Ms O’Rourke in the preparation…