Lowy Pty v Crouch & Lyndon

Lowy Pty Ltd sought an order that Crouch & Lyndon, a firm of solicitors, deliver a bill of costs in taxable form in relation to legal representation in the Planning & Environment Court. The applicant had paid its solicitors for services rendered but had not been provided with a bill of costs in taxable form. The applicant argued that the respondent was obligated to provide such a bill, regardless of whether costs had been paid. The respondent contended that once costs had been paid, it was not required to provide a bill of costs in taxable form.

The legal issue before the court was whether the respondent was obligated to deliver a bill of costs in taxable form even after costs had been paid. The court considered sections 22, 25, and 33 of the Costs Act 1867. The court found that section 33, which deals with taxation after payment of a taxable bill of costs, was not relevant to the issue of delivery of a bill in taxable form. The court held that section 22 required a solicitor to deliver a bill of costs in taxable form before commencing proceedings for recovery of fees. The court also noted that the respondent had never delivered a taxable bill of costs to the applicant. The court referred to Duffett v. McEvoy and Re Flower and Hart's Bill of Costs to establish that it had the power to order delivery of a bill of costs regardless of whether costs had been paid.

The court concluded that the respondent should have delivered a bill of costs in taxable form when requested, even though the applicant had already paid all fees claimed. The court found it unnecessary to consider "special circumstances" as referred to in sections 25 and 33 of the Costs Act. The court reserved the question of costs until the taxation of the bill of costs was completed. The court ordered that the respondent deliver a bill of costs in taxable form.