John Read

The appellants appealed a decision interpreting a contingency fee agreement with their former law firm.

The agreement entitled the firm to 22% of any settlement plus 'all costs awarded and recovered'.

The litigation settled for a lump sum of $290,000 with no breakdown for costs.

The application judge held the firm could recover costs from the settlement by misreading the agreement as 'awarded or recovered'.

The Court of Appeal allowed the appeal, finding the agreement required costs to be awarded in a judgment and subsequently recovered.

The firm was entitled only to 22% of the settlement amount.

The appellant appealed a jury verdict.

The Court of Appeal dismissed the appeal, noting that the appellant had exercised its right to a jury trial, took no objection to the jury charge, and that credibility was a central issue.

The court held that the jury verdict must be accorded great weight and found no basis to interfere with it.