Elringtons Pty Ltd v Dee (Civil Dispute)

ACT CIVIL & ADMINISTRATIVE TRIBUNAL

ELRINGTONS PTY LTD V DEE (Civil Dispute) [2016] ACAT 87

XD 51/2016

Catchwords:              CIVIL DISPUTE – recovery of legal fees – no costs agreement – recovery on grounds of implied contract of retainer – sufficiency of evidence – ex parte hearing – default judgment

Legislation cited:      ACT Civil and Administrative Tribunal Act 2008 ss 22, 23, 44

Subordinate

Legislation:ACT Civil and Administrative Tribunal Act Procedural Directions 2010 (No 1) direction 43

Court Procedures Rules r 4, 1115 – 1120, 1505, 1619, 1620

Cases cited:Banque Commerciale SA (In Liquidation) v Akhil Holdings Ltd (1990) 169 CLR 279

MY Distributors Pty Ltd v Omao Pty Ltd (1992) 36 FCR 578
Pires v DibbsBarker Canberra Pty Ltd [2014] ACTSC 283
Williams Love & Nicol Lawyers Pty Ltd v Wearne [2016] ACAT 18

Tribunal:                   President G C McCarthy

Date of Orders:  5 August 2016
Date of Reasons for Decision:         5 August 2016

AUSTRALIAN CAPITAL TERRITORY 

CIVIL & ADMINISTRATIVE TRIBUNAL           XD 51/2016

BETWEEN:

ELRINGTONS PTY LTD

Applicant

AND:

ANTOINETTE DEE

Respondent

TRIBUNAL:             President G C McCarthy

DATE:  5 August 2016

ORDER

The Tribunal Orders that:

1. Within 28 days from the date of this order, the respondent pay the applicant $8,148.06 comprised of:

   (a)$7,347.70 a debt due and owing for legal fees;

   (b)$280 for the filing fee; and

   (c)$520.36 for interest.

   ……………………………..

   President G C McCarthy

REASONS FOR DECISION

Background

1. The applicant, Elringtons Pty Ltd, seeks an order that the respondent, Antoinette Dee, pay the sum of $7,347.70, plus the Tribunal filing fee plus interest. The claim is made as a debt due and owing; in the alternative, damages for breach of contract; or in the further alternative, on a quantum meruit basis.

2. The claim arises from the respondent’s non-payment of two invoices for legal fees charged in relation to legal services that the applicant provided to the respondent.

3. The first invoice was rendered on 11 August 2014 for the sum of $3,127.30. The applicant states that it transferred $609 of the respondent’s money held in trust in part payment of the first invoice. On 1 October 2014, the respondent paid $400 towards payment of the first invoice, leaving a balance owing of $2,118.30.

4. The second invoice was rendered on 3 September 2015 for the sum of $5,229.40. The applicant states that despite demands for payment the second invoice remains unpaid.

5. On 27 January 2016, the respondent filed a response in which she admitted liability in part. She stated that judgment should be entered for the balance owing under the first invoice ($2,118.30) and asked for an order that the judgment debt be paid by instalments of $20 per week. In relation to the second invoice, she disputed the claim on the grounds that “no further work was ever performed. I have been charged for lawyers’ mistakes” and then set out details of those alleged mistakes. She also detailed her limited financial means on which she relied for an order that she be able to pay the balance owing…