The solicitors had rendered dozens of accounts over the past few years to a corporate client, all of which had been paid in full. Having failed to bill some disbursements, the solicitors rendered another account some months later for just the disbursements. The client’s new counsel applied to have all of the accounts assessed, not only the last account but all of the accounts in the last few years, which totalled hundreds of thousands of dollars.
We brought a motion to strike out the assessment order on the basis that all of the previous accounts were final accounts, were part of one continuum, and had been paid in full.
The Court agreed with our approach and only the last account could be assessed.