Danes v Sulman

[2012] QCATA 81

CITATION: Danes and Anor v Sulman [2012] QCATA 81

PARTIES:

Colleen Danes
Australian Sportsline Pty Ltd

(Applicants/Appellants)

v

Michael James Sulman
(Respondent)

APPLICATION NUMBER: APL411-11

MATTER TYPE: Appeals

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Dr J R Forbes, Member

DELIVERED ON: 18 May 2012

DELIVERED AT: Brisbane

ORDERS MADE:

1     Extension of time to appeal refused.

2     Leave to appeal refused.

3     There is no order as to costs.

CATCHWORDS:

Minor civil dispute – solicitor’s costs – decision in default of appearance at hearing – application for extension of time to appeal – lengthy delay – application for leave to appeal – applications refused

Queensland Civil and Administrative Tribunal Act 2009, ss 3, 4, 50, 51, 61, 93, 122, 123, 142(3)(a)(i), Schedule 3
Legal Profession Act 2007, s 322

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. The family of Colleen Danes has been associated with Rugby League football for many years.  She developed a talent for devising internet websites, operating a business known as Australian Sportsline Pty Ltd, of which she is sole director.  In more successful times her clientele included the South Sydney Leagues Club and the NSW Rugby League Club.

1. In early 2009 Danes suspected that rival businesses, Sporting Pulse (ANZ) Pty Ltd and ARLD Pty Ltd were infringing copyright in her (or her company’s) websites.  So she consulted the Respondent Michael Sulman, who advertises his firm as intellectual property lawyers, patent and trade mark attorneys.

1. In February 2010 Sulman commenced proceedings for Australian Sportsline against Sporting Pulse in the Federal Court of Australia.  However, some five months later, those proceedings were abandoned for lack of funds.  Sulman delivered his final account, addressed to “Colleen and Michael Danes”, on 28 July 2010, claiming a balance of $12,008.34.  The claim is based on a costs agreement of the kind now recognised by law.[1]  As appears below, the main issue in this case is whether Colleen Danes is bound by the form of agreement, several copies of which are in evidence. 

   [1]        Legal Profession Act 2007, s 322.

1. Sulman’s final account remains unpaid.  On 20 October 2010 he moved to recover it in this Tribunal, naming Danes as sole Respondent.

1. It appears to be settled that a solicitor’s unpaid and overdue costs are a debt or liquidated demand, within the meaning of the first limb of the definition of “Minor civil dispute”.[2] 

   [2]Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act), Schedule 3; Morales v Murray Lyons Solicitors (a firm) [2010] QCATA 87 at [29]; Davy v Ryter Planning Pty Ltd [2010] QCATA 96 at [9]; Wiley v Ross Lawyers [2012] QCATA 22.

2. The form of agreement in evidence is expressed to be between Sulman and Colleen Danes, Michael Danes, and Australian Sportsline Pty Ltd.  (However, it is now common ground that Matthew Danes is not…