How hard is it to get a summary dismissal? Spoiler alert: really hard!

LPD Holdings (Aust) Pty Ltd v Russells [2017] QSC 45

The Supreme Court recently found that an application for assessment of legal costs was sufficiently different to an action for a debt, such that the application could not be dismissed under rule 658 Uniform Civil Procedure Rules 1999 (“UCPR”).

LPD wished to assert their legal right to have costs assessed and sought, by way of application, an order for the assessment of legal costs totalling approximately $1.4m invoiced by Russells to LPD for legal services provided from May 2010 to May 2014. In response, Russells brought an application for summary judgement pursuant to rule 293 UCPR or alternatively, the dismissal of LPD’s proceedings pursuant to rule 658 UCPR or the inherent jurisdiction of the court.

Russells had previously brought an application for moneys owed for the aforementioned legal services. They received a judgment in default of pleadings on 23 June 2014. It was this judgment that they used as the basis for their arguments of res judicata, issue estoppel and Anshun estoppel. […]