SUPREME COURT OF QUEENSLAND
CITATION:
Leneham v Legal Services Commissioner [2018] QCA 133
PARTIES:
RUSSELL JAMES LENEHAM
(appellant)
v
LEGAL SERVICES COMMISSIONER
(respondent)FILE NO/S:
Appeal No 10189 of 2016
QCATA No 11 of 2014DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal – Further Orders
ORIGINATING COURT:
Queensland Civil and Administrative Tribunal at Brisbane – [2016] QCAT 314
DELIVERED ON:
22 June 2018
DELIVERED AT:
Brisbane
HEARING DATE:
Heard on the papers
JUDGES:
Philippides and McMurdo JJA and Boddice J
ORDERS:
1. The application to adduce further evidence be refused.
2. The respondent pay the appellant’s costs of the appeal, to be assessed upon the standard basis.
CATCHWORDS:
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – POWERS OF COURT – COSTS – where the appellant was the subject of six counts under the Legal Profession Act 2007 (Qld) – where the Queensland Civil and Administrative Tribunal dismissed all counts except for one count of failing to provide an updated costs disclosure pursuant to s 315 of the Legal Profession Act 2007 (Qld) – where the appellant successfully had the decision of the Queensland Civil and Administrative Tribunal overturned by the Court of Appeal which found the appellant had not breached s 315 of the Legal Profession Act 2007 (Qld) – where the appellant seeks costs both before the Queensland Civil and Administrative Tribunal and the Court of Appeal on the indemnity basis – whether the appellant should be awarded costs and if so whether costs should be awarded on the indemnity basis
Legal Profession Act 2007 (Qld), s 462(1), s 462(4)
Di Carlo v Dubois & Ors[2002] QCA 225, cited
Legal Services Commissioner v Atkins [2009] QLPT 3, cited
Legal Services Commissioner v Bone [2013] QCAT 550, cited
Legal Services Commissioner v Sing (No 2) [2007] QLPT 5, cited
Leneham v Legal Services Commissioner[2017] QCA 137, citedCOUNSEL:
A Morris QC for the appellant
M D Nicolson for the respondentSOLICITORS:
Quinn & Scattini Lawyers for the appellant
Legal Services Commission for the respondentPHILIPPIDES JA:
Background
The appellant was charged with six counts brought by the respondent pursuant to the Legal Profession Act 2007 (Qld) (the Act) as follows:
·Count 1 – Failure to make cost disclosures in breach of the s 308 of the Act.
·Count 2 – Failure to provide an updated costs disclosure in breach of s 315 of the Act.
·Counts 3 and 4 – Charging excessive costs.
·Count 5 – Failure to reasonably supervise.
·Count 6 – Failure to comply with a court ordered costs assessment order.
On 8 September 2016, the Queensland Civil and Administrative Tribunal (the Tribunal) dismissed all counts except for count 2. In respect of that count, the Tribunal found the appellant’s conduct to be unsatisfactory professional conduct and ordered that the questions of sanction and costs be dealt with on the papers.[1]
The appellant successfully appealed against the Tribunal’s decision in relation…
Keep reading for free
Create a free CaseChat account to read Leneham v Legal Services Commissioner and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2018] QCA 133
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to decide was whether Leneham should be awarded costs and, if so, whether costs should be awarded on the indemnity basis. Leneham argued that the Legal Services Commissioner had acted unreasonably, and therefore, costs should be awarded on the indemnity basis. The court had to determine whether there was evidence of unreasonable conduct by the Commissioner and if so, whether it warranted indemnity costs.
The court found that there was no evidence of unreasonable conduct by the Commissioner in the appeal proceedings. The court noted that the Commissioner's actions were motivated by the public interest in regulating the legal profession. The court also held that the evidence sought to be adduced by Leneham was not relevant to the determination of the issue of costs of the appeal. The court held that the Commissioner should pay Leneham's costs of the appeal on the standard basis. However, the court found that QCAT was better placed to decide whether there should be an order, and if so what order, for the costs of the proceeding before it.
In summary, the court held that the Commissioner should pay Leneham's costs of the appeal on the standard basis. The court refused the application to adduce further evidence.
Orders
Orders of the court
1. The application to adduce further evidence be refused.
2. The respondent pay the appellant’s costs of the appeal, to be assessed upon the standard basis.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.