Eversol Legal Services Pty Ltd v Bechara [2010] NSWDC 72

New South Wales District Court

CITATION: Eversol Legal Services Pty Ltd v Bechara [2010] NSWDC 72

HEARING DATE(S): 27 January 2010 EX TEMPORE JUDGMENT DATE : 27 January 2010

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

DECISION: (1) Notice of motion dismissed. (2) Defendant pay plaintiff's costs of the motion.

CATCHWORDS: Legal Profession Act 1987 - whether applicable to subsequent contract with third party to indemnify client by paying costs - ambit of savings provision

LEGISLATION CITED: Legal Profession Act 1987 (NSW), Part 11 Legal Profession Act 2004 (NSW), Schedule 9

Amirbeaggi v Business in Focus (Australia) Pty Ltd [2008] NSWSC 421 CASES CITED: Cameron v Dennis [2006] NSWDC 32; (2006) 3 DCLR (NSW) 392 Levy v Bergseng (2008) 72 NSWLR 178; (2008) 217 FLR 90; [2008] NSWSC 294

PARTIES: Plaintiff: Eversol Legal Services Pty Ltd Defendant: Deanna Michelle Bechara

FILE NUMBER(S): 2866 of 2009

COUNSEL: Plaintiff: Mr R Sutherland SC Defendant: Mr D English

SOLICITORS: Plaintiff: Everingham Solomons Defendant: Paul A Curtis & Co

JUDGMENT

[1] HER HONOUR: The defendant in these proceedings, Deanna Michelle Bechara, by notice of motion filed on 18 January 2010, seeks orders as follows: (1) The proceedings be stayed pending assessment of the plaintiff's ("SRC") costs.

(2) The plaintiff to pay the defendant's costs of and incidental to this notice of motion.

(3) Any other order the court deems fit.

[2] Eversol Legal Services Pty Limited, a company trading as Everingham Solomon, Solicitors seek to enforce an agreement to pay costs against Deanne Michelle Bechara. The statement of claim, filed on 29 October 2008, seeks payment of a sum of $185,000 and asserts that Ms Bechara, on or about 19 June 2006, entered into an agreement with the plaintiff. The terms of the agreement were that, in consideration of the plaintiff for bearing to enforce its rights to the balance of legal costs and disbursements against their client Mr John Bechara, who is her brother, Ms Bechara would pay the plaintiff the sum of $185,000 within "a reasonable time", calculated by reference to the events set out in paragraph 11 of the statement of claim.