Solicitor to be restrained from taking any further steps to recover costs from former clients

In Calvo v Ellimark Pty Ltd, the New South Wales Court of Appeal held that the former clients of a solicitor were, by reason of the solicitor’s conduct in refusing to provide tax invoices and itemised bills of costs during a costs assessment process, entitled to proceed on the assumption or expectation that the solicitor would not seek any additional legal costs from them. The Court of Appeal further held that there was detrimental reliance by the former clients on that assumption or expectation and that the appropriate remedy in the circumstances of the case was permanent injunctive relief to issue against the solicitor taking any further steps to recover costs from the former clients.  Read further about the case here.

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