[2025] FCR 50 - Appeal

[Franciscus]

Username: multiman155

I am representing a client

Who is your Client?: Mezimori Legal Department

What Case are you Appealing?: [2025] FCR 50

Link to the Original Case: Lawsuit: Adjourned - lucaaasserole v Naezaratheus et al. [2025] FCR 50

Basis for Appeal: I write as an attorney who represented the Plaintiff in this case to appeal on a point of law regarding legal fees owed. I appeal on behalf of Mezimori Law, to whom legal fees would be payable as a part of this case. This appeal is timely filed under Judicial Standards Act § 20(2), which permits appeals when "[l]ess than one month has elapsed since the court’s decision".

In this case, following a successful motion for default judgement, the judge did go to verdict. In the verdict, the Federal Court awarded our client $300,000. We have nothing to contest with respect to any single item except for the legal fees awarded. The legal fees awarded were $20,000, which is not greater than a mere 6.67% of the amount granted to our client in that case.

This is too low. Under Legal Damages Act § 9(2)(c), "In cases that reach a verdict, legal fees are awarded to the legal representative of the prevailing party at a rate of 30% of the total value of the case, except in situations outlined in § 9.(3)." In this case, as the Plaintiff in the Federal Court case was awarded $300,000 directly, this means that legal fees should have been $90,000.

Under Legal Damages Act § 9(3)(a), "Legal fees may be diminished at the discretion of the presiding judicial officer based on the conduct and competency shown in the case." There was no analysis of conduct nor competency in the Federal Court's written ruling, and I do not see the sort of incompetence or misconduct in this case which would warrant diminishing the legal fees.

Moreover, under Legal Damages Act § 9(3)(b), "In cases that reach a verdict, legal fees must not be awarded at a rate less than 10% of the value of the case in any court." The Federal Court did indeed reach a verdict in this case, so a hard minimum of 10% (in this case, a total of $30,000 in legal fees) would apply even in the case that the presiding judicial officer wished to diminish legal fees.

No matter what, the legal fees awarded in this case were too low for a case in which the Federal Court reached a verdict. The MZLD asks the Supreme Court for equitable relief in its own right, and to order additional legal fees be fined and paid in the amount of $70,000 to the MZLD.

Supporting Evidence: Act of Congress - Legal Damages Act