› where Magistrate granted summary judgment in favour of the respondent - where no sworn material from the appellants
› whether there was no real prospect of successfully defending all or part of the respondent’s claim and no need for a trial
Contract
› COMPROMISE OF ACTION
› ACCORD AND SATISFACTION
› ACCORD AND CONDITIONAL SATISFACTON
› ACCORD EXECUTORY - where respondent and appellants entered into a Deed of Agreement whereby the appellants agreed to pay a debt to respondent - where appellants later contended that there was never any debt - whether deed effected an accord and satisfaction so as to prevent the judgment given on the pleaded claim before the Magistrates Court
Professions and Trades
› LAWYERS
› REMUNERATION - GENERALLY - where respondent was retained by appellants in a ‘direct access’ capacity
› where respondent averred that he had provided a fee disclosure letter to appellants
› where costs had not been assessed - where respondent sued for costs pursuant to s 319(1)(a) Legal Profession Act 2017 - whether s 316 of the LPA was a bar to recovery of costs
Case Details
Citation[2019] QDC 111
CourtQDC
JurisdictionQueensland
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