Rohowskyj v S Tomyn & Co

The case of Rohowskyj v S Tomyn & Co involved a dispute concerning the costs of a legal review bill. The plaintiff, Rohowskyj, sought to challenge the costs bill prepared by the defendant law firm, S Tomyn & Co, which was deemed excessive. The matter was brought before the Supreme Court of Victoria, where the central issue revolved around the fairness and reasonableness of the costs claimed by the law firm.

The court was tasked with determining whether it was just and fair to extend the time limit for reviewing the costs bill. This involved interpreting section 3.4.38(6) of the Legal Profession Act 2004, which outlines the criteria for extending time in such circumstances. Specifically, the court had to assess whether the delay in reviewing the bill was due to exceptional circumstances and whether the plaintiff had acted with reasonable promptness and without any fault on their part.

In reaching its decision, the court considered the specific circumstances of the case, including the nature of the delay and the reasons provided by the plaintiff for the late review. The court found that the plaintiff had acted reasonably and promptly in challenging the costs bill and that the delay was not attributable to any fault on their part. Consequently, the court held that it was just and fair to extend the time limit for reviewing the bill, thereby allowing the plaintiff to contest the excessive costs claimed by the law firm. The final orders of the court reflected this decision, granting the plaintiff the opportunity to challenge the costs bill within the extended timeframe.