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Brisbane firm fails to pause compensation hearing pending negligence suit
The managing partner of a Brisbane-based firm has failed to convince the Queensland Civil and Administrative Tribunal to hold off on a compensation order pending a lawsuit alleging negligence that is currently being determined in the Magistrates Court.
Naomi Neilson
Irish Bentley managing partner Zeke Bentley was unable to argue that a compensation hearing should be halted until the conclusion of a Magistrates Court trial. The Brisbane-based firm will instead continue fighting the allegation from agriculture landowners’ association MBRII that it was negligent, along with facing a costs order of $69,007.
Irish Bentley provided MBRII with a letter of advice that suggested a “reasonable” view of success and that, if the proceedings were unsuccessful, there was the “reasonable prospect” that the court would not make a costs order against MBRII.
However, a judge would later rule that MBRII had not shown it was aggrieved by QCA and the relevant minister’s acceptance of the recommendation and that did not provide a significant reason to grant an interlocutory injunction – and ordered that it pay costs.
MBRII filed a claim and statement of claim in the Magistrates Court against Mr Bentley with the firm alleging that he was negligent and in breach of a contractual duty of care. It claims damages of $69,007.20, being the refund of fees paid to the firm, costs which were paid to QCA, costs for counsel and costs relating to a cost agreement.
Irish Bentley then attempted to bring an application to QCAT seeking that the requests for compensation be dismissed pending a decision in the Magistrates Court. However, the Tribunal ordered that there was not sufficient evidence to stay the proceedings.
More to come.
The decision has been published on AustLII: Legal Services Commission v Bentley (No 4) QCAT 2 (12 January 2021)
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
