Naro Investments Pty Ltd & Ors v Benjamin & Khoury Pty Ltd [2021] NSWSC 262

Supreme Court New South Wales

Medium Neutral Citation: Naro Investments Pty Ltd & Ors v Benjamin & Khoury Pty Ltd [2021] NSWSC 262 Hearing dates: 12 March 2021 Date of orders: 19 March 2021 Decision date: 19 March 2021 Jurisdiction: Equity Before: Slattery J Decision: Statement of Claim struck out. Summary judgment entered on the Cross-Claim in the sum of $569,396.33 inclusive of interest up to the date of judgment. Catchwords: SUMMARY JUDGMENT - application for summary dismissal under Uniform Civil Procedure Rules 2005, r 13.4 - solicitors act for clients on retainer between October 2016 and July 2017 – after the termination of the retainer a dispute arises between the solicitors and the former clients about quantum of fees charged by the solicitors for their legal services – the former clients engage new solicitors to conduct the costs dispute – a settlement deed is reached in December 2018 compromising the costs dispute – clients commence the present proceedings in November 2019 seeking relief to set aside the settlement deed – the clients allege in these proceedings that the settlement deed was procured by the former solicitors, in breach of their fiduciary duty, whilst the former clients were in a relationship of undue influence with the former solicitors, or as result of the former solicitors' unconscionable conduct and economic duress – the former solicitors bring a Cross-Claim seeking judgment and interest due under the settlement deed – the former solicitors seek summary dismissal of the plaintiff's claim and seek summary judgment on the Cross-Claim. Legislation Cited: Contracts Review Act 1980 Legal Profession Uniform Law 2014, s 180(4) Uniform Civil Procedure Rule 2005, rr 13.1, 13.4 Cases Cited: Able Demolitions and Excavations Pty Limited v Barry Kennard & Co [2016] VSCA 312 Aboody v Ryan (2012) 17 BPR 32,359 Agar v Hyde (2000) 201 CLR 552 Agius v New South Wales [2002] Aust Torts Reports 81-656 Amirbeaggi v Business in Focus (Australia) Pty Ltd [2008] NSWSC 421 Beach Petroleum NL v Abbott Tout Russell Kennedy (1999) 48 NSWLR 1 Beba Enterprises Pty Ltd v Gadens Lawyers (2013) 41 VR 590 Carmelo Dimarti v Danielle Dimarti as Administratrix of the Estate of the Late Antonio Dimarti; In the matter of Naro Investments Pty Limited v Dimarti [2016] NSWSC 1887 Crescendo Management Pty Limited v Westpac Banking Corporation (1988) 19 NSWLR 40 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Koutsourais v Metledge & Associates [2004] NSWCA 313 Maguire v Makaronis (1997) 188 CLR 449 Prince Jefri Bolkiah v KPMG (a firm) [1999] 2 AC 222 Spellson v George (1992) 26 NSWLR 666 Spencer v Commonwealth of Australia (2010) 241 CLR 118 Sturesteps v Khoury [2015] NSWSC 1041 Tecnicas Reunidas SA v Andrew [2018] NSWCA 192 Union Fidelity Trustee Co of Australia Ltd v Gibson [1971] VR 573 Category: Procedural rulings Parties: First plaintiff/Cross-defendant: Naro Investments Pty Ltd CAN 110 648 210 Second plaintiff/cross-defendant: Margherita Dimarti Third plaintiff/cross-defendant: Rocco Dimarti Fourth plaintiff/cross-defendant: Natalie Dimarti Fifth cross-defendant: Carmelo Dimarti Sixth cross-defendant: Suncorp-Metway Limited Pty Limited CAN 010 831 722 Seventh cross-defendant: Westpac Banking Corporation Pty Limited CAN 007 457 141 Eighth cross-defendant: Andask Pty Limited CAN 002 424 553 Defendant/Cross-claimant: Benjamin & Khoury Pty Ltd Representation: Counsel: