Goldberg v Ng [1995] HCA 39

High Court of Australia Deane, Dawson, Toohey, Gaudron and Gummow JJ Goldberg v Ng (FC95/044) [1995] HCA 39

ORDER Appeal dismissed with costs

Cur adv vult

The following written judgments were delivered:—

3 November 1995 Deane, Dawson and Gaudron JJ.

The first appellant, Mr Harold Goldberg, is a Sydney solicitor. The other appellant, Mrs Yona Goldberg, is his wife. They are the defendants in proceedings brought in the Equity Division of the Supreme Court of New South Wales by the three respondents, Mr Bernard Ng, Hango Holdings Pty Ltd (Hango Holdings) and Ms Cherry Ng, who were former clients of Mr Goldberg. Mr Ng and Ms Ng are brother and sister. Hango Holdings has been described as "their company". It will be convenient to refer to the three respondents collectively as "the Ngs".

In the Supreme Court proceedings, the Ngs allege, among other things, that, at the direction of Mr Goldberg, Mr Ng paid in Hong Kong the sum of $A100,100 to Mrs Goldberg, as agent for Mr Goldberg, on account of legal costs in relation to pending proceedings in the Federal Court in which Mr Goldberg was acting as solicitor for the Ngs. They also allege that Mr Goldberg has failed to account to them for any part of the money so paid. By their defence, Mr and Mrs Goldberg admit that $100,100 was paid to Mrs Goldberg in Hong Kong but claim that the money was paid as the purchase price of a diamond bracelet which Mrs Goldberg sold and delivered to Mr Ng.

The Supreme Court proceedings were originally brought by Mr Ng against Mr Goldberg. Ms Ng and Hango Holdings were added as plaintiffs and Mrs Goldberg was added as a defendant at a subsequent date. After the proceedings had been instituted by Mr Ng, the solicitors for the Ngs encountered difficulty in serving Mr Goldberg. They wrote and delivered a letter dated 14 March 1990 to the Secretary of the Law Society of New South Wales (the Law Society) which, omitting formal parts, read as follows: