Holborow & Ors v Macdonald Rudder (a Firm)

[2001] WASCA 91

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Accounts
3. › Order for account
4. › Summary order under O 45 r 1
5. › Whether preliminary questions to be tried
6. › Whether defendant had already rendered sufficient account
7. › Rules of the Supreme Court (WA), O 45 r 1
1. Practice and Procedure
2. › Solicitors
3. › Solicitor and client
4. › Duty to account
5. › Fiduciary relationship
6. › Whether solicitor had discharged obligation to account
1. Practice and Procedure
2. › Accounts
3. › Special accounts
4. › Whether right to special account may be determined summarily under O 45
5. › Benefits received by solicitor including Frequent Flyer Points

Quick Take

Where a solicitor-client dispute involves a challenge to whether accounts have already been sufficiently rendered, or disputes about the propriety of bills of costs, these constitute preliminary questions to be tried and preclude a summary order for accounts under O 45 r 1. Claims for special accounts relating to non-monetary benefits (such as Frequent Flyer Points) cannot be ordered summarily under O 45 and require the plaintiff to establish a case at trial.