Golder Associates Pty Ltd v Challen

DISTRICT COURT OF QUEENSLAND

CITATION:

Golder Associates P/L v Challen [2012] QDC 11

PARTIES:

GOLDER ASSOCIATES PTY LTD (ABN 64 006 107 857)
(Applicant)

v

CHALLEN, PETER LESLIE trading as HAWTHORN CUPPAIDGE & BADGERY AND GARLAND HAWTHORN BRAHE (ABN 96 335 661 027)
(Respondent)

FILE NO:

4082/2011

DIVISION:

PROCEEDING:

Application

ORIGINATING COURT:

Brisbane

DELIVERED ON:

7 February 2012

DELIVERED AT:

Brisbane

HEARING DATE:

25 January 2012

JUDGE:

Samios DCJ

ORDER:

1.        The 27 bills delivered by the respondent to the applicant between 5 July 2006 and 9 December 2010 be assessed.

2.        Further the respondent deliver to the applicant itemised bills with respect to each of the Bills of Costs delivered by the respondent to the applicant between 5 July 2006 and 9 December 2010 setting out:-

(a)       Full details of each item of work done;

(b)       The date each item of work was done;

(c)        The basis of the charge for the work;

(d)       The amount charged for carrying out each item of work; and

(e)        The details of the person that carried out the work

CATCHWORDS:

Costs – assessment – series of bills – whether application within time – whether some bills interim bills – whether “final” bill delivered

Legal Profession Act ss 300, 332, 333, 335

Cases:

Clayton Utz Lawyers v P&W Enterprises Pty Ltd [2011] QDC 5 – referred to

Dromana Estate Limited v Wilmoth Field Warne 2010 VSC 308 – not followed

Retemu Pty Ltd v Ryan NSWDC Coorey DCJ 4300/08 and 4301/08, 16 April 2010, (unreported) – followed

Re:  Weedman (1986) FCA 1112 para 41 – followed

Stark v Dennett [2008] QCA 50 - followed

Turner v Mitchells Solicitors [2011] QDC 61 - followed

COUNSEL:

Mr Trim for the applicant
The respondent was not represented by Counsel

SOLICITORS:

D G Thompson Legal Costs Lawyers & Consultants
The respondent represented himself

1. The respondent is a solicitor practising as the principal of the legal practice which trades under the registered business name Hawthorn Cuppaidge & Badgery.

1. The applicant is a party to proceedings pending in the Supreme Court.

1. The respondent until his retainer was terminated on 25 January 2011 was retained by the applicant to act for the applicant in the Supreme Court proceedings.

1. By this application filed on 14 October 2011 the applicant applies for orders that:-

(a)         The respondent release his file to the applicant relating to the proceedings in the Supreme Court; and

(b)         There be an assessment of all the legal costs charged by the respondent to the applicant.

1. Between 5 July 2006 and 9 December 2010 the respondent delivered to the applicant 27 Bills of Costs.  Those Bills of Costs are as follows:-

Invoice Ref./No.	Invoice Date	Invoice Amount	Payment Date	Comment
EAL:205385	5/07/2006	$6,709.12	15/08/2006
EAL:205385	31/07/2006	$4,241.05	15/08/2006
EAL:205385	30/10/2006	$826.52	21/11/2006
EAL:205385	13/11/2006	$6,517.50	5/12/2006
EAL:205385	23/11/2006	$3,915.45	5/12/2006
EAL:205385	30/11/2006	$3,357.20	12/12/2006
EAL:205385	2/03/2007	$1,151.76	12/04/2007
EAL:205385	18/04/2007	$439.46	3/10/2007
SRE:205385	30/07/2007	$3,638.34	3/10/2007
SRE:205385	3/09/2007	$460.80	18/09/2007
SRE:205385	29/10/2007	$591.80	20/11/2007
SRE:205385	30/11/2007	$975.60	19/12/2007
SRE:205385