DENNING & DENNING

The parties in this matter were Denning & Denning, a firm of solicitors, and the respondent, who was a client of the firm. The dispute concerned the firm's entitlement to charge professional fees for work undertaken on behalf of the client. The case was heard by Terry J in the Supreme Court of New South Wales.

The central legal issue before the court was whether the solicitors had validly terminated their retainer with the client, and consequently, whether they were entitled to recover fees for work performed up to the point of termination. This involved an examination of the circumstances surrounding the termination and the nature of the retainer agreement.

Terry J considered the principles governing the termination of a solicitor-client retainer. His Honour found that a solicitor may terminate a retainer if there are proper grounds, such as a breakdown in trust and confidence, or if the client fails to provide proper instructions. In this instance, the court determined that the solicitors had not acted improperly in terminating the retainer and that the client had, through their conduct, contributed to the breakdown of the professional relationship. Consequently, the solicitors were entitled to recover their reasonable fees for the work performed prior to the termination.