| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
No. 8720 of 2009 and 839 of 2010
| JOHN RASHLEIGH SHAW | Appellant |
| v | |
| RIGBY COOKE LAWYERS | Respondent |
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JUDGE: | SIFRIS J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 14 and 15 April 2011 | |
DATE OF JUDGMENT: | 20 May 2011 | |
CASE MAY BE CITED AS: | Shaw v Rigby Cooke Lawyers | |
MEDIUM NEUTRAL CITATION: | [2011] VSC 214 | |
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ADMINISTRATIVE LAW – Victorian Civil and Administrative Tribunal - Appeal from decision of an Associate Judge refusing leave – Error of law – Relevant consideration – Whether tribunal erred in rejecting appellant’s claims that solicitor acted negligently, in breach of contract and in breach of the Fair Trading Act 1999 – Whether tribunal erred in assessment of loss - Multiple overlapping grounds of appeal - Victorian Civil and Administrative Tribunal Act 1988 s 148 –Legal Profession Act 2004.
ADMINISTRATIVE LAW – Victorian Civil and Administrative Tribunal - Appeal from decision of an Associate Judge refusing leave – Procedural Fairness – Appellant a litigant in person – Whether Tribunal erred in suggesting that respondent bring a new claim under the Fair Trading Act 1999 and permitting new claim to be heard concurrently with proceedings already on foot –Whether other alleged miscellaneous procedural irregularities amounted to error of law.
ADMINISTRATIVE LAW – Victorian Civil and Administrative Tribunal - Appeal and cross appeal against decision granting leave – Costs – Indemnity costs – Whether offer of compromise capable of acceptance – Discretion to order costs where conduct vexatious and untenable claims pursued - Victorian Civil and Administrative Tribunal Act 1988 ss 109 and 112.
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APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr J R Shaw | In person |
| For the Respondent | Mr S Tatarka | Rigby Cooke Lawyers |
HIS HONOUR:
A. Introduction
In February and March 2009, Senior Member Howell of the Victorian Civil and Administrative Tribunal (“Tribunal”) heard three matters in the Legal Practice List between the appellant, John Rashleigh Shaw, and the respondent, Rigby Cooke Lawyers (“Rigby Cooke”).
Before the Tribunal, Mr Shaw made numerous claims against Rigby Cooke, his former solicitors, relating to their management and conduct of a case in this Court (“Yarranova Proceeding”) against property developers, Yarranova Pty Ltd (“Yarranova”) and Newquay (Stage 2) Pty Ltd (“Newquay”). Mr Shaw also disputed the fees charged by Rigby Cooke for work done in relation to the Yarranova Proceeding. In response, Rigby Cooke brought a claim against Mr Shaw for unpaid legal fees.[1]
[1]Rigby Cooke’s claim was initially brought as a counterclaim to Mr Shaw’s action under the Legal Profession Act2004 (Vic), but at the Senior Member’s suggestion it issued a new application under the Fair Trading Act 1999 (Vic). This is one of the matters in respect of which Mr Shaw now complains.
On 5 August 2009, Senior Member Howell dismissed all but two of Mr Shaw’s compensation claims and ordered that Rigby Cooke pay Mr Shaw $6,240.00 in compensation. However, he also ordered that Mr Shaw pay the fees…
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- Case
- [2011] VSC 214
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the tribunal erred in rejecting Shaw's claims against Rigby Cooke Lawyers. Shaw contended that the tribunal failed to properly consider the evidence of negligence, breach of contract, and breach of the Fair Trading Act. Additionally, Shaw argued that the tribunal's suggestion to bring a new claim under the Fair Trading Act and allowing it to be heard concurrently with existing proceedings was erroneous. Furthermore, Shaw claimed that other procedural irregularities amounted to errors of law.
The court found that the tribunal did not err in rejecting Shaw's claims. The tribunal's assessment of the evidence was thorough, and the suggestion to bring a new claim under the Fair Trading Act was within the tribunal's discretion. The court held that the procedural irregularities did not amount to errors of law and that the tribunal's assessment of loss was reasonable. Regarding the cross-appeal, the court found that the tribunal properly exercised its discretion in ordering costs due to Shaw's vexatious and untenable claims.
The tribunal's decision was affirmed, and the cross-appeal was dismissed. Shaw was ordered to pay the respondent's costs of the appeal, including indemnity costs, as the offer of compromise was capable of acceptance, and the conduct was vexatious and untenable.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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