Sunba v Harnett Lawyers

DISTRICT COURT OF QUEENSLAND

CITATION:

Sunba v Harnett Lawyers [2014] QDC 34

PARTIES:

KEIKO SUNBA
(Applicant)

v

HARTNETT LAWYERS
(Respondent)

FILE NO.:

139/2014

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

Brisbane

DELIVERED ON:

24 February 2014

DELIVERED AT:

Brisbane

HEARING DATE:

31 January 2014

JUDGE:

Reid DCJ

ORDER:

1.   That the respondent deliver to the applicant all documents which comprise all parts of the file of the respondent concerning the applicant to which she is entitled and which have not already been delivered; and

2.   That the originating application is otherwise transferred to the Magistrates Court pursuant to s 28 of the Civil Proceedings Act 2011 to be brought on by either party giving seven days clear notice in writing to the other

3.   Costs of the application be each party’s costs in the proceedings.

CATCHWORDS:

Assessment of courts – relevant court – itemised bill – delivery of file – whether orders sought are ancilliary to assessment – jurisdiction

Legal Profession Act 2007: s. 335(3)

Uniform Civil Procedure Rules 1999: rr. 743, 743A, 743G

Civil Proceedings Act 2011: s. 28.

COUNSEL:

R. Dixon for the applicant

G. Robinson for the respondent

SOLICITORS:

Evans & Company for the applicant

Hartnett Lawyers for the respondent

1. The respondent is the solicitor who acted for the applicant in matrimonial proceedings.  They delivered a number of bills, all relating to that ongoing matter, totalling $135,095.29.  That sum has all been paid by the applicant with the exception of $18,257.99 which has been retained by the respondent, by agreement, in its trust account in the name of the applicant pending determination of this dispute.

1. The applicant commenced these proceedings in which she seeks assessment of all legal costs pursuant to r. 743A of Uniform Civil Procedure Rules 1999 (UCPR) on 16 January 2014.  The application sought the following orders:

1.Assessment of legal costs, being all of the professional costs and outlays charged by the respondent to the applicant relative to matrimonial matters and for which tax invoices were issued, as follows:

(a)(a list, by number and dollar amount of 22 separate invoices, the most recent of 29 January 2013, and totalling a $135,095.21 was then renumerated.)

2.Within twenty-eight (28) days, and before commencement of the assessment the respondent deliver to the applicant at the office of her solicitors itemised bills with respect to each of the tax invoices referred to in the previous sub-paragraph and setting out:

(a)       full details of each item of work done;

(b)       the date each item of work was done;

(c)       the basis of the charge for the work;

(d)the amount charged for carrying out each item of work; and

(e)the name of each person who carried out the work.

3.The assessments be carried out by Mr Glen Robert Walter whose hourly rate is $275.00 inclusive of GST;

4.Within seven (7) days after the delivery of itemised bills the respondent is to deliver to the applicant all documents which comprise all parts of the file of the respondent concerning…