Bell v Hartnett [2022] NSWCA 42

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bell v Hartnett [2022] NSWCA 42 Hearing dates: 22 March 2022 Date of orders: 22 March 2022 Decision date: 22 March 2022 Before: Basten JA Decision: (1) Dismiss the notice of motion filed on 7 December 2021 by Mr Hartnett. (2) Order that Mr Hartnett pay the plaintiff's costs of the motion forthwith. Catchwords: CIVIL PROCEDURE – proceedings in Equity Division – claim for order that solicitor disgorge fees from proceeds of mortgagee sale – removal to Court of Appeal – whether exercise of disciplinary jurisdiction – order to disgorge excess legal costs not claim for costs against legal practitioner COURTS AND JUDGES – supervisory jurisdiction – Court of Appeal – solicitor acting for mortgagee – property sold – solicitor appropriated proceeds from sale of property for professional fees – claim by mortgagor for amount in excess of reasonable legal costs – whether order for disgorgement by solicitor invoked disciplinary jurisdiction – Supreme Court disciplinary jurisdiction not enlivened Cases Cited: Atanaskovic Hartnell v Birketu Pty Ltd [2020] NSWSC 573 Bell v Hartnett Lawyers (No 2) [2021] NSWSC 1270 Council of the NSW Bar Association v Siggins [2021] NSWCA 40 Myers v Elman [1940] AC 282 Newell; Muriniti v De Costi (2018) 97 NSWLR 398; [2018] NSWCA 49 Robert Anthony Bell v Beau Timothy John Hartnett Lawyers [2021] NSWSC 202 Category: Procedural rulings Parties: Beau Timothy John Hartnett t/as Hartnett Lawyers (Applicant on the motion) Robert Anthony Bell (Respondent on the motion) Representation: Counsel: Ms I J King (Applicant on the motion) Mr S W W Sykes (Respondent on the motion)