Studio B Hair Design Pty Ltd t/as Studio B Hair Design v Kerrison t/as Kerrisons Legal Services

In the Federal Circuit Court, Studio B Hair Design Pty Ltd, trading as Studio B Hair Design, brought a claim against Kerrison, trading as Kerrisons Legal Services, for legal services rendered. The dispute arose from a dispute over the quantum of fees charged by Kerrisons. Kerrison had been appointed by Studio B Hair Design to act on its behalf in a matter, and the latter claimed that Kerrisons had overcharged for its services. The central legal issue was whether the usual costs order should be made in favour of the defendant, Kerrisons, who still held funds in trust, and whether the circumstances warranted a departure from the ordinary rule that costs follow the event. The court considered the established practice of the court in making such orders and the relevant authorities. It concluded that, while the usual rule was that costs follow the event, there were circumstances in which it was appropriate to make a departure from this rule. However, in this case, the court found that the circumstances did not warrant such a departure, and the usual order for costs to follow the event should be made. The court emphasised that the holding of funds in trust by the defendant did not, in and of itself, constitute a sufficient ground for departing from the ordinary rule.

The court held that the usual order for costs to follow the event should be made, with Kerrisons ordered to pay Studio B Hair Design's costs of the proceeding. The court noted that the holding of funds in trust by Kerrisons did not, in and of itself, constitute a sufficient ground for departing from the ordinary rule. The court further held that the circumstances of the case did not warrant a departure from the ordinary rule. The court concluded that the usual order for costs should be made, with Kerrisons ordered to pay Studio B Hair Design's costs of the proceeding. The court held that the costs should be assessed on the standard basis, and that the amount of costs should be determined by the Registrar. The court further held that the parties should bear their own costs of the appeal.