Eden King Lawyers Pty Ltd v Makari [2022] NSWSC 296

Supreme Court New South Wales

Medium Neutral Citation: Eden King Lawyers Pty Ltd v Makari [2022] NSWSC 296 Hearing dates: On papers; evidence and submissions ending 10 December 2021 Date of orders: 18 March 2022 Decision date: 18 March 2022 Jurisdiction: Equity Before: Parker J Decision: See [59]-[60] Catchwords: LEGAL PROFESSION – solicitors' lien over settlement funds payable to client – client obtains payment direct from opposing party – solicitor obtains ex parte freezing order – sum covering solicitor's claimed fees paid into court – costs assessor later sets aside solicitor's costs agreement and substantially reduces claimed fees – costs of proceedings – whether solicitor successful – solicitor relies on "offer" made before termination of retainer to reduce fees – "offer" did not warn client of costs consequences of failure to accept – conflict of interest – costs refused to both parties Legislation Cited: Civil Procedure Act 2005, s 100 Family Law Act 1975 (Cth), s 79 Cases Cited: Firth v Centrelink (2002) 55 NSWLR 451 Malouf v Constantinou [2017] NSWSC 923 Natural & Great Pty Ltd v Lane Cove Business Park Pty Ltd [2022] NSWSC 274 Sithakoul v Su [2022] NSWSC 132 St George Bank v Meredith [2017] NSWSC 961 Category: Costs Parties: Eden King Lawyers Pty Limited (Plaintiff) Marcha Makari (Defendant) Representation: Advocates: J Lo Schiavo (Counsel) (Plaintiff) A Khalil (Solicitor) (Defendant)

Solicitors: Eden King Lawyers (Plaintiff) Khalil Family Lawyers (Defendant) File Number(s): 2020/48765 Publication restriction: Nil