Skip to content

Schuler v Stern [2014] NSWDC 85

Schuler v Stern [2014] NSWDC 85

Schuler v Stern [2014] NSWDC 85 Client in “no win no fee” costs agreement appeals under s 384 Legal Profession Act 2004 (NSW) from Review Panel assessment of costs in favour of her previous solicitor – whether the condition precedent in that costs agreement (that counsel accept a brief to both advise and appear at the hearing) had been fulfilled – junior counsel briefed for eight years, hearing set down one year in advance and briefs on hearing delivered – whether return of brief by senior and junior counsel two months prior to hearing meant that the brief had not been “accepted” and no fees were payable – plaintiff subsequently settled proceedings for an undisclosed sum – whether Review Panel erred in stating that “successful outcome” was not in dispute – whether the plaintiff’s former solicitor had, or needed to, establish that any “successful outcome” related to work that he had carried out – adequacy of Review Panel’s reasons – appeal dismissed