A solicitor originally pursued litigation for me against an insurer for 2 years but misread the insurance policy. Solicitor's Senior council wrote a scathing advice and said that the case had no merit, and had I continued with the litigation I would not only not have benefited at all, but would have lost my current monthly insurance benefits. Then the solicitor recommended a 2nd claim. I was locked in to continue litigation as I would have to pay costs of insurer if I ceased first claim litigation. The 2nd claim was barely justifiable for litigation as it was smaller benefit to me. I could have gone to APRA. Solicitor provided a conditional cost agreement. I went to mediation and received only a modest lump sum.
I have written advice that the first claim should never have been commenced. I do not want to pay the first claim legal costs. I agree to pay the 2nd claim costs. I am not challenging the individual fees, but rather that solicitor breached contract. The amount involved is $90k of legal costs.
What is the advantage of going to NCAT vs the Supreme court cost assessor? Any ideas of how to proceed?
I have written advice that the first claim should never have been commenced. I do not want to pay the first claim legal costs. I agree to pay the 2nd claim costs. I am not challenging the individual fees, but rather that solicitor breached contract. The amount involved is $90k of legal costs.
What is the advantage of going to NCAT vs the Supreme court cost assessor? Any ideas of how to proceed?
