Queensland Law Society

Edwards v Bray [2011] QCA 72

Edwards v Bray [2011] QCA 72.

Costs agreements – generally – where applicant solicitor retained by the respondents – where applicant delivered itemised account to respondents – where costs assessor appointed by Solicitors Complaints Tribunal – where costs assessment given on 9 May 2006 – where applicant filed a claim for fees in Magistrates Court – where respondents applied for summary judgment – where judgment was entered – where respondents unsuccessfully appealed to the District Court – where applicant sought leave to appeal to the Court of Appeal – whether a statutory debt came into being on the costs assessment becoming binding pursuant to QLS Act s 6ZE(2) – whether QLS Act s 6ZE(2) provides an alternative source of the solicitor’s entitlement to fees or costs – applicable limitation period pursuant to Limitation of Actions Act 1974 (Qld).