Murdoch v Alex Mackay and Co

The matter before the court was an application for leave to appeal a judgment of the Magistrates Court of Victoria, which had been entered in favour of Alex Mackay and Co, a firm of solicitors, in a claim to recover professional fees against the appellants, Murdoch. The first respondent, Alex Mackay and Co, had sought to recover professional fees, and the amount certified by a costs assessor was used to determine the judgment. The appellants sought leave to appeal on several grounds, including the argument that the Magistrate erred in entering judgment for the certified amount rather than the amount of the claim, that the Magistrate erred in finding there was a valid and binding costs agreement in the face of an argument that the costs agreement was void for uncertainty, and on the basis of a failure to give adequate reasons.

The court considered the grounds for leave to appeal and whether any important principle of law or justice was involved. The court found that the grounds for appeal did not raise any important principle of law or justice and were unlikely to succeed. The court noted that the Magistrate had provided reasons for the judgment and had considered the arguments put forward by the appellants. The court also noted that the certified amount was a fair and reasonable amount, and that there was no evidence to suggest that the costs agreement was void for uncertainty. The court found that the appeal was not likely to succeed and dismissed the application for leave to appeal.

The court ordered that the parties have seven days to make submissions in relation to [56] of the Reasons. If no such submissions are received, the order as to costs will be that the appellants pay the first respondents’ costs of the appellants’ application for leave to appeal (but not any costs of the first respondents incurred in this proceeding in relation to applications made or steps taken by the second respondent, Aberclare Pty Ltd). The court did not make any orders in relation to the substantive matter before the Magistrates Court.