Canatan Holdings Pty Ltd v Audori Pty Ltd & Ors [1995] FCA 131

CATCHWORDS COSTS - solicitor's lien over costs - whether solicitor entitled to be paid out of a judgment for party and party costs Worrall v Power & Power [1993] 46 FCR 214 Colgate Palmolive Co & Anor v Cussons Pty Ltd [1993] 118 ALR 248 Re Allied Glass Manufacturers Ltd [1936] 36 SR (NSW) 409 Mercer v Graves [1872] LR 7 QB 499 CANATAN HOLDINGS PTY LIMITED v AUDORI PTY LIMITED AND CYRIL EDWARDS; MICHAEL PAUL CARROLL & PETER STANLEY KNUDSEN and JOHN LAURENCE ORFORD No. NG 23 of 1992 EINFELD J SYDNEY 22 FEBRUARY 1995

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 23 of 1992 GENERAL DIVISION ) Between: CANATAN HOLDINGS PTY LIMITED ACN 003 981 548 Applicant/First Respondent to Motion And: AUDORI PTY LIMITED ACN 001 105 040 First Respondent/Second Respondent to Motion CYRIL EDWARDS Second Respondent/Third Respondent to Motion MICHAEL PAUL CARROLL & PETER STANLEY KNUDSEN trading as Michael P. Carroll & Peter S. Knudsen Solicitors Applicants on Motion JOHN LAURENCE ORFORD trading as John Orford & Associates Fourth Respondent to Motion MINUTE OF ORDERS AND DECLARATIONS 1. Declare that the applicants on the motion have a lien over the party and party costs currently held in trust by the fourth respondent. 2. Order the fourth respondent to pay the said moneys to the applicants on the motion. 3. The applicants on the motion are thereafter to hold the said moneys in trust for the first respondent to the motion until the issue of a certificate of taxation as between solicitor and client. 4. The applicants on the motion are thereupon to account to the first respondent to the motion after and including the payment of the taxed solicitor and client costs and any other moneys owing by the directors and associated entities. 5. There is liberty to apply on 3 days notice by not later than 4pm February 28 1995 for any additional or alternative orders. 6. The first respondent to the motion is to pay the costs of the applicants on the motion. Note: Settlement and entry of orders are dealt with in accordance with Order 36 of the Federal Court Rules. EINFELD J SYDNEY 22 FEBRUARY 1995