Casey v Quabba

The appeal before the Queensland Court of Appeal was between Daniel Charles Casey, the appellant (defendant), and Quabba, the respondent (plaintiff). The dispute arose from an earlier judgment in which the respondent recovered damages for personal injuries against the appellant, with the costs to be assessed on an indemnity basis. The issue before the Registrar of the Supreme Court at Cairns was whether the respondent's costs should be assessed in light of a "costs agreement" between the respondent and his solicitors. The appellant argued that this "costs agreement" was void under section 48F(1) of the Queensland Law Society Act 1952 (Qld), which the respondent contested.

The Court of Appeal was required to determine whether the "costs agreement" was a valid agreement and whether the Registrar should have considered it when assessing the respondent's costs. The court examined the terms of the "costs agreement" and the relevant statutory provisions. The Court held that the "costs agreement" was indeed void under section 48F(1) of the Queensland Law Society Act 1952 (Qld), which prohibits certain types of agreements between lawyers and their clients regarding costs. The Court of Appeal found that the Registrar should not have considered the "costs agreement" when assessing the respondent's costs. The Court also found that the respondent should pay the appellant's costs of the proceedings at first instance and of this appeal, to be assessed on a standard basis.

The appeal was allowed, and the Court declared that the costs agreement between Daniel Charles Casey and Roarti & Firth Lawyers of 10 July 2000 is void by operation of s 48F(1) of the Queensland Law Society Act 1952 (Qld). The Court ordered that the respondent pay the appellant’s costs of the proceedings at first instance and of this appeal to be assessed on a standard basis.