Leonard Noel Marsh v Russell Hay [1981] PNGLR 392

• Jurisdiction: Papua New Guinea
• Judge: Pratt J
• Judgment Date: 12 October 1981
• Court: National Court
• Citation: [1981] PNGLR 392
• Docket Number: Re Legal Practitioners Act 1954
• Year: 1981
• Judgement Number: N319(L)

Full Title: Re Legal Practitioners Act 1954; Leonard Noel Marsh v Russell Hay [1981] PNGLR 392

National Court: Pratt J

Judgment Delivered: 12 October 1981

1 Costs—solicitor's costs—bill in taxable form and lump sum bill—fund paid in to meet costs and disbursements—necessity to obtain client's specific discretion as to payment

LEGAL PRACTITIONERS—Bills of costs—Bill in taxable form—Lump sum bill not included—Client's right to bill in taxable form before action—Legal Practitioners Act 1954, s24, s28, s29, s30.

LEGAL PRACTITIONERS—Accounts and trust moneys—Fund paid in to meet costs and disbursements—Necessity to obtain specific direction from client as to payment—Legal Practitioners Act 1954, s24, s28, s29, s30.

A solicitor's client has a right to demand, receive and have taxed a proper bill of costs in taxable form before being sued for non–payment.

The Graziano, and Young & Williams' Bill of Costs (MP 50 of 1980) Kearney DCJ 24th July, 1981, (unpublished) applied.

Woolf v Trebilco [1933] VLR 180; 39 ALR 142 referred to.

A statement listing by day or month various items of work carried out by a solicitor and stipulating at the end thereof a specified figure and including another specified figure for disbursements is a lump sum bill and is not a bill of costs in taxable form.

An agreement between solicitor and client whereby the client pays funds to cover present and future costs and disbursements:

(a) requires the solicitor to deposit such funds to the client's trust account and to withdraw them only with specific directions related to specific bills: and

(b) does not deprive the client of the right to have such costs and disbursements itemized and justified.

Summons.

This was a summons seeking presentation of a solicitor's bill in taxable form.

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Pratt J: In November, 1980 the plaintiff, Leonard Noel Marsh, received through his post office box at Tinputz in Bougainville a statement, bearing date 13th November, 1980, listing by day or month various items of work carried out by the defendant in his capacity as a barrister and solicitor for the plaintiff in respect of a share transfer in Ramazon Timbers Pty Ltd, and...