Hall v Barrak [2009] NSWDC 271

New South Wales District Court

CITATION: Hall v Barrak [2009] NSWDC 271

HEARING DATE(S): 20-23 April 2009

JUDGMENT DATE: 16 October 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1. Verdict for the defendant on all of the claims. DECISION: 2. The plaintiffs are to pay the defendant's costs of the proceedings. This order is suspended for seven days to allow the parties to list the matter for further argument on the matter of costs if required. 3. The exhibits will be retained for 28 days. 4. My reasons are published

CATCHWORDS: Claim for payment of fees for legal services - Guarantee - Indemnity - Credit - Agency

LEGISLATION CITED: Legal Profession Act 1987

Trevor Hall (First Plaintiff) PARTIES: HAL Lawyers, a trading name and legal practice of Robert Haralovic (Second Plaintiff) Bob Wilson & Associates, trading name and accountancy practice of Bob Wilson (Third Plaintiff) Benjamin Barrak (Defendant)

FILE NUMBER(S): 3387/07

SOLICITORS: Hall Partners (Frist, Second and Third Plaintiffs) Barrak Lawyers (Defendant)

JUDGMENT

1 The plaintiffs in this matter claimed against the defendant for the payment of fees for legal and accounting services they provided for the purposes of litigation in which the defendant, although not a party, was involved in various capacities.

2 The first plaintiff, Trevor Hall, formerly practised as a barrister and currently practises as a solicitor under the name Hall Partners Pty Limited. He claimed for legal services provided as a barrister up to 30 June 2005.

3 The second plaintiff, Robert Haralovic, practises as a solicitor under the name Hal Lawyers. He claimed fees due to his firm for legal services provided by Cameron Khosravi, whom Mr Haralovic said he employed as a solicitor at all relevant times and by Mr Hall whom he said he employed as a solicitor between 1 July 2005 and 30 June 2007.