Thomas Baena trading as Baena Legal v Zuhair Nakhleh Habeebeh [2020] NSWSC 1851

Supreme Court New South Wales

Medium Neutral Citation: Thomas Baena trading as Baena Legal v Zuhair Nakhleh Habeebeh [2020] NSWSC 1851 Hearing dates: 16 December 2020 Date of orders: 16 December 2020 Decision date: 16 December 2020 Jurisdiction: Equity Before: Slattery J Decision: The part of the net proceeds of the sale of the property required to be held in the Langenberg Law trust account held as security for the plaintiff's claim for legal fees is to be reduced from $100,000 to $40,000. The plaintiff is to file an Amended Statement of Claim. Costs of the motion will be each party's costs in the proceedings. Matter adjourned into the Registrar's list. Catchwords: COSTS – Costs assessment – Determination – the plaintiff solicitor formerly represented the defendant client in family law property proceedings – the defendant changed legal representation – the plaintiff claims $96,239 in legal fees – the defendant resists this quantum – the plaintiff lodged a caveat over the matrimonial home the subject of the defendant's family law proceedings – by order of the Federal Circuit Court, the matrimonial home was sold and the plaintiff commenced these proceedings – by orders of this Court, $100,000 from the proceeds of sale of the matrimonial home is held in a solicitor's trust account pending the resolution of these proceedings – the matter was referred to a costs assessor who reduced the fees to $13,860 – the plaintiff seeks a stay of these proceedings pending an appeal against this reduction in costs – the defendant resists this and seeks a final hearing or a dismissal of the proceedings – whether the proceeds held in trust should be reduced on account of the costs assessment report. Legislation Cited: Legal Profession Uniform Law 2014, ss 86, 86G, 202 Uniform Civil Procedure Rules 2005, Part 13, rr 4, 13.4, 18.6 Cases Cited: Abbott v Pilot Development Corporation Pty Ltd [2006] NSWSC 1178 Firth v Centrelink (formerly known as the Department of Social Security) and Another (2002) 55 NSWLR 451 Category: Consequential orders Parties: Plaintiff: Thomas Baena trading as Baena Legal Defendant: Zuhair Nakhleh Habeebeh Representation: Counsel: Defendant: J. Moshides