The NSW Supreme Court has ordered a Sydney-based law firm and related companies to pay the Broken Hill City Council more than $4.7 million.
The Supreme Court has awarded the Broken Hill City Council more than $4.7 million after civil litigation against its former legal provider. Proceedings have been underway since 2023, with the council looking to recoup fees it said were the result of overcharging.
A NSW Supreme Court judge has ordered a Sydney-based law firm and some related companies to pay more than $4.7 million to the Broken Hill City Council. It comes almost a month after Justice Elizabeth Peden ruled the council had been "mostly successful" in its claims against former legal provider Redenbach Legal, which it took Submission of the final orders had been postponed pending further discussions between the parties, with Justice Peden holding a further hearing last week before issuing her final decision on April 16.
Justice Peden also ordered the Redenbach parties to cover the legal fees of the council, and its current and former general managers, who had been subject to a now-dismissed cross-claim. Proceedings were first launched in 2023, with the council looking to recoup some of its legal fees from Redenbach Legal and its principal solicitor, Keith Redenbach.
However, council general manager Jay Nankivell said the case's history actually went back close to 10 years.that was looped into that as well, at the same time, complicating matters, so that was the best part of five years in regards to legal action there.
"Mr Nankivell said the action was undertaken by Mr Redenbach and his firm, initially under the name Redenbach Lee Lawyers, in the council's disputes with architecture firm Allen Jack+Cottier, now known as AJC Architects, and builder Unique Urban Built. However, when the council finally received its bill of costs in 2022 from Passer Par, a company understood to also be affiliated with Mr Redenbach, it found the fees eclipsed the settlement it had received from the architects.
Mr Nankivell has confirmed the figure, with the total gains and losses to be made public in a report at an upcoming council meeting. Proceedings also included a cross-claim from the Redenbach parties against the council, Mr Nankivell and former general manager James Roncon over claimed unpaid invoices.
However, in her initial March 25 judgment, Justice Peden dismissed this cross-claim and found mostly in favour of the council, while also referring to Mr Redenbach as a "thoroughly unimpressive witness". Then, in her later April 16 judgment, she described the conduct displayed by the Redenbach parties throughout litigation as "unreasonable", ruling they should pay the legal costs of the council, Mr Nankivell and Mr Roncon on an indemnity basis.
Mr Nankivell said in total, the council was awarded a settlement worth close to $4 million, including costs, plus more than $786,000 in pre-judgement interest, which was a "fantastic outcome".
" certainly a big relief for all of the councillors involved that'd gone down this process for the last few years recouping this money," he said. Mr Nankivell said the council was also entitled to further costs for work not done, which would be determined separately by an independent cost assessor. Although the final judgement has been handed down, the Redenbach parties can appeal the decision if they believe there was a legal or factual error committed during the process.
Generally, a notice of intention to appeal needs to be filed within 28 days after the judgement is handed down. The ABC contacted Redenbach Legal for comment, specifically asking if it or Mr Redenbach intended to appeal, but did not receive a response. People With Disability
Redenbach Legal BHCC V Redenbach Broken Hill City Council V Redenbach Legal Keith Redenbach NSW Supreme Court Justice Peden Jay Nankivell Civil Litigation Legal Costs
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