Leamey v Heath & Anor [2001] NSWSC 1095

New South Wales Supreme Court

CITATION : Leamey v Heath & Anor [2001] NSWSC 1095 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 5557/01 HEARING DATE(S) : 22 November 2001 JUDGMENT DATE : 22 November 2001

David Leamey (Plaintiff) PARTIES : Stephen Heath (First Defendant) Mourad Mouzaoui (Second Defendant) JUDGMENT OF : Campbell J

COUNSEL : W Washington (Plaintiff) No appearance (Defendants) SOLICITORS : David Leamey (Plaintiff) No appearance (Defendants) CATCHWORDS : PROCEDURE - COSTS - Specific sum ordered to be paid in criminal matter in Local Court - no further assessment of those costs and disbursements possible in Supreme Court under Legal Profession Act 1987 - PROFFESSIONS AND TRADES - Lawyers - Solicitors lien on property obtained through solicitor's efforts - quantification of amount for which lien exists - MORTGAGES - Charges and liens - solicitors - lien for costs and disbursements on property recovered through solicitor's efforts - quantification of amount for which lien exists - EQUITY - Equitable charges and liens - solicitor's lien - for costs and disbursements recovered through solicitor's efforts - quantification of amount for which lien exists LEGISLATION CITED : Justices Act 1902 Legal Profession Act 1987 CASES CITED : Akki Pty Limited v Martin Hall Pty Limited (1994) 35 NSWLR 470 Kelso v McCulloch, Young J, 24 October 1994 DECISION : Solicitor entitled to lien on amount paid to satisfy costs order made in favour of solicitor's client. When costs order made for a specified amount in criminal proceedings in Local Court, no further assessment of solicitor's costs and disbursements in Supreme Court under Legal Profession Act 1987 is possible.