Brydens Lawyers Pty Limited v Uin; Gerard Malouf & Partners Pty Limited v Brydens Lawyers Pty Limited [2024] NSWSC 124

Supreme Court New South Wales

Medium Neutral Citation: Brydens Lawyers Pty Limited v Uin; Gerard Malouf & Partners Pty Limited v Brydens Lawyers Pty Limited [2024] NSWSC 124 Hearing dates: 19 February 2024 Decision date: 19 February 2024 Jurisdiction: Equity Before: Hammerschlag CJ in Eq Decision: (1) McCulloch & Buggy are forthwith to pay into Court, out of the monies currently in their trust account as a consequence of the settlement of proceedings 2019/00390185, the sum of $526,850.53. (2) The summons in proceedings 2023/00173889 is otherwise dismissed with no orders as to costs to the intent that each party shall pay their own. (3) The summons in proceedings 2023/00180783 is otherwise dismissed with no orders as to costs to the intent that each party shall pay their own. Catchwords: COSTS — Solicitor/Client — Recovery — Where personal injury proceedings resulted in a settlement in favour of the client – Where the client's legal fees, Medicare charges and Centrelink charges are to be paid out of the settlement proceeds – Where the client was represented at different times throughout the proceedings by two different law firms, each of which seek orders that their bills of costs be paid out of the settlement proceeds – Where the client contests the quantum of the legal fees on the footing that they are excessive – Where the Third Defendant is under a statutory obligation to pay to Medicare and Centrelink charges for which the client is liable before releasing the remaining settlement monies –Held the settlement monies, less the Medicare charges and Centrelink charges, are to be paid into the Court pending formal costs assessment of the separate law firms' bills of costs Legislation Cited: Health and Other Services (Compensation) Act 1995 (Cth) Health and Other Services (Compensation) Care Charges Act 1995 (Cth) Social Security Act 1991 (Cth) Category: Principal judgment Parties: 2023/173889: Gerard Malouf and Partners Pty Limited (Plaintiff) Brydens Lawyers Pty Limited (First Defendant) Alice Uin (Second Defendant) McCulloch & Buggy Pty Limited (Third Defendant)