Steele v Marshan

In *Steele v Marshan*, the applicant sought leave to appeal to the Court of Appeal of New South Wales from a judgment of Adamson J in the Common Law Division. The dispute concerned the existence of a solicitor-client retainer, with the applicant alleging that the respondent solicitor had performed work and appeared in court prior to the provision of a written agreement and costs disclosure.

The primary legal issues before the Court of Appeal were whether a solicitor-client relationship had been established in the absence of a formal written agreement and costs disclosure at the commencement of the retainer, and whether an application for leave to appeal, raising an issue of principle for the first time, was without merit. The Court was required to consider the principles governing the formation of a retainer and the circumstances in which leave to appeal might be granted, particularly in a second appeal.

The Court of Appeal dismissed the application for leave to appeal. Applying established principles regarding the existence of a retainer, the Court found that the conduct of the parties indicated a solicitor-client relationship had been formed, notwithstanding the absence of a written agreement and costs disclosure at the outset. The Court also considered that the issue of principle was not sufficiently compelling to warrant granting leave to appeal, particularly in the context of a second appeal. Consequently, the Court ordered the applicant to pay the respondent's costs.