Ferrer Lawyers Pty Ltd trading as Ferrer Lawyers ACN 641 830 873 v Khanchedar [2023] NSWSC 1085

Supreme Court New South Wales

Medium Neutral Citation: Ferrer Lawyers Pty Ltd trading as Ferrer Lawyers ACN 641 830 873 v Khanchedar [2023] NSWSC 1085 Hearing dates: 14 August 2023 Decision date: 08 September 2023 Jurisdiction: Equity - Duty List Before: Robb J Decision: See [33]-[34]. The parties are to provide appropriate short minutes of order to the Associate to Robb J. Catchwords: LAND LAW – caveats – extension of caveats – where plaintiff seeks an extension of the caveat it had lodged against the title to the property of the first defendant – whether there is a serious question to be tried – whether the balance of convenience favours an order being made for the extension of the caveat – held that there is a serious question to be tried – held that the balance of convenience favours the Court declining to make an order for the extension of the caveat upon the first defendant providing an adequate alternative security to the plaintiff – orders to be made for the removal of the caveat if the first defendant establishes an alternative security in the form of a fund of $45,000 EQUITY – equitable remedies – solicitors' liens – where plaintiff asserts a solicitors' lien over the first defendant's matter file to secure payment of outstanding costs and disbursements incurred under a retainer and payment of costs incurred in seeking to recover the currently outstanding costs and disbursements – held that plaintiff is not entitled to assert a solicitors' lien in respect of costs incurred in seeking to recover the currently outstanding costs and disbursements – orders to be made for the return of the matter file to the first defendant's solicitors if the first defendant establishes an alternative security in the form of a fund of $45,000 Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 Legal Profession Uniform Law (NSW), s 472 Real Property Act 1900 (NSW), s 74K Cases Cited: Bechara t/as Bechara & Co v Atie [2005] NSWCA 268 Bell Lawyers Pty Ltd v Pentelow (2019) 269 CLR 333; [2019] HCA 29Burrows v Macpherson & Kelley Lawyers (Sydney) Pty Ltd [2021] NSWCA 148 Sithakoul v Su [2022] NSWSC 132 Strikis v Legal Services Commissioner [2012] NSWADT 68 Sutherland v Vale [2008] NSWSC 759; (2008) 14 BPR 26,255 White v Bini [2003] FCA 669 Category: Principal judgment Parties: Ferrer Lawyers Pty Ltd trading as Ferrer Lawyers ACN 641 830 873 (Plaintiff) Majid Ali Khanchedar (First Defendant) Macquarie Bank Limited ACN 008 583 542 (Second Defendant) Representation: Counsel: T Fermanis (Plaintiff) I Chatterjee (First Defendant)