Robert John Smith v Lewis Blyth & Hooper

[2015] HCASL 173

ROBERT JOHN SMITH

v

LEWIS BLYTH & HOOPER

[2015] HCASL 173
P17/2015

1. The applicant entered into three costs agreements with the respondent, a firm of legal practitioners, in relation to the provision of legal services. The applicant invoked the jurisdiction of the Supreme Court of Western Australia under s 222 of the (now repealed) Legal Practice Act 2003 (WA) ("the Act") to review a costs agreement and, if, in the opinion of the court, it is unreasonable, to reduce the amount payable or cancel the costs agreement.

2. On 14 November 2013, the Supreme Court (Jenkins J) held that two of the costs agreements were unreasonable and ordered that they be cancelled.  The respondent appealed against those orders.

3. On 13 March 2015, the Court of Appeal of the Supreme Court of Western Australia (Buss, Newnes and Murphy JJA) dismissed the appeal in respect of one costs agreement and allowed the appeal in respect of the other. As to the latter, the Court of Appeal held that the primary judge erred in her application of s 222(2) of the Act by finding that the costs agreement was unreasonable solely on the basis that a costs estimate had not been provided to the applicant before the agreement had been executed. Considering all the circumstances as a whole, the Court of Appeal held that the costs agreement was not unreasonable.

4. The applicant seeks special leave to appeal to this Court. He requires an extension of time to do so. No question of law or principle is raised. There is no reason to doubt the correctness of the Court of Appeal’s conclusion that the primary judge erred in her approach, nor has it been shown that the Court of Appeal’s re-exercise of the discretion under s 222 of the Act, no longer in force, was affected by error. Special leave should be refused. There is therefore no utility in granting the applicant an extension of time.

5. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

S.M. Kiefel
15 October 2015 P.A. Keane