Alexiou v Alexandra White and ors t/as HWL Ebsworth Lawyers [2021] NSWSC 485

Supreme Court New South Wales

Medium Neutral Citation: Alexiou v Alexandra White and ors t/as HWL Ebsworth Lawyers [2021] NSWSC 485 Hearing dates: 29 April 2021 Date of orders: 07 May 2021 Decision date: 07 May 2021 Jurisdiction: Common Law Before: Cavanagh J Decision: I order that the defendant provide to the plaintiff: (1) All of the plaintiff's documents held by the defendant in relation to the legal services provided by the defendant under the costs agreement, including but not limited to: (i) All documents, including memoranda, emails, and files notes, recording or referring to communications by any person with any employee or representative of Australia and New Zealand Banking Group Ltd; (ii) All documents, including memoranda, emails, and file notes, recording or referring to communications by any person with any partner or employee of Clayton Utz; (iii) All documents including memoranda, emails, and file notes recording or referring to communications by any person with Peter Silver of counsel or any other counsel briefed by the defendant; and (iv) All documents, including memoranda, emails, and file notes, recording or referring to communications by any person with any representative of the Australian Investment and Securities Commission. But excluding the documents previously provided to the plaintiff on 23 August 2019. (2) The defendant is to pay the plaintiff's costs. Catchwords: AGENCY – Type of agent – Lawyer – Ownership of documents – Whether former client entitled to seek file notes made in the course of representation – Whether solicitor is entitled to charge former client for the provision of client documents Legislation Cited: Legal Profession Act 2004 (NSW) Legal Profession Uniform Law 2014 (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) Cases Cited: Blatch v Archer (1774) 98 ER 969 Touma v Maroulis [2021] NSWSC 34 Wentworth v De Montfort and Others (1988) 15 NSWLR 348 Category: Principal judgment Parties: Etienne Alexiou (Plaintiff) Alexandra White and Other Persons trading as HWL Ebsworth Lawyers (Defendant) ANZ Bank (Interested Party) Representation: Counsel: N Kidd SC (Plaintiff) A Vincent (Defendant) JAC Potts SC (Interested Party)