Campbell v Watson [2024] NSWDC 500

District Court New South Wales

Medium Neutral Citation: Campbell v Watson [2024] NSWDC 500 Hearing dates: 21 October 2024 Date of orders: 25 October 2024 Decision date: 25 October 2024 Jurisdiction: Civil Before: Andronos SC DCJ Decision: (1) Upon the plaintiff continuing to give the usual undertaking as to damages set out in the Penal Notice marked as Annexure A to the orders of Dicker SC DCJ in these proceedings on 4 October 2024, extend Order 3 of the orders made by Dicker SC DCJ on 4 October 2024, as extended by Order 1 of the orders made by Gibson DCJ on 14 October 2024, until 5:00pm on the first day of the final hearing of these proceedings, or such other time as the Court may order. (2) The plaintiff is to serve a copy of these orders on the National Australia Bank by 5:00pm on 25 October 2024. (3) Costs are reserved. (4) The parties have liberty to apply on 3 days' notice. Catchwords: CIVIL PROCEDURE — Interim preservation — Freezing orders EQUITABLE LIEN – whether fruits of the action lien available to barristers LEGAL PRACTITIONERS – when a costs dispute arises Legislation Cited: District Court Act 1973 (NSW), s 134 Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW), r 42, r 65 Legal Profession Uniform Law Application Act 2014 (NSW), s 11, s 27 Legal Profession Uniform Law (NSW), s 6, s 172, s 184, s 194, s 269, s 272, s 276, s 277, s 406 Uniform Civil Procedure Rules 2005 (NSW), Pt 25, r 25.14 Cases Cited: Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 Firth v Centrelink & Anor (2002) 55 NSWLR 451; [2002] NSWSC 564 KR Properties Global Pty Ltd (ACN 602 693 729) t/as AK Properties Group (ABN 62 971 068 965) v Kazzi [2024] NSWCA 141 Ninemia Maritime Corp v Travel GmbH & Co KG (the Niedersachsen) [1984] 1 All ER 398 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 Samimi v Seyedabadi; Seyedabadi v Samimi [2013] NSWCA 279 Texts Cited: G E Dal Pont, Law of Costs (3rd ed, 2013, LexisNexis Butterworths) Category: Procedural rulings Parties: Ian Garth Campbell (plaintiff) Dale Cameron Watson (defendant) Representation: Counsel: Mr I G Campbell (plaintiff) Mr A Khoury (defendant)