NSW Caselaw
New South Wales Supreme Court
CITATION : Mednis v Chand & Ors [2003] NSWSC 680 HEARING DATE(S) : 21/07/03, 22/07/03 JUDGMENT DATE : 31 July 2003
JUDGMENT OF : Gzell J DECISION : Solicitor has lien over settlement moneys for his and barristers' fees. Solicitor entitled to unlimited assessment of costs including barristers' fees
CATCHWORDS : PROFESSIONS AND TRADES - Lawyers - Suit against clients for solicitor's and barristers' costs - No written costs agreement with solicitor - Solicitor instituted application for assessment of bills of costs - Barristers' costs agreements with client - Whether on proper construction of barristers' costs agreements fees to be rendered to solicitor - Whether term of solicitor's agreement with client that client should pay solicitor for barristers' fees - Discounted solicitor's and barristers' costs agreed during abortive settlement negotiations - Whether assessment of costs should be limited to discounted fees - Settlement achieved by replacement of solicitor on identical terms - Whether solicitor had lien over settlement moneys Limitation Act 1969 LEGISLATION CITED : Legal Profession Act 1987 Supreme Court Act 1970 Akki Pty Ltd v Martin Hall Pty Ltd (1994) 35 NSWLR 470 Barker v St Quintin (1844) 12 M & W 441 (152 ER 1270 Ex parte Patience; Makinson v The Minister (1940) 40 SR (NSW) 96 Kelso v McCulloch (unreported, 24 October 1994, SC(NSW), Young J) CASES CITED : Re Fuld (No 4) [1968] P 727 Ross v Buxton (1889) 42 Ch D 190 Wentworth v Rogers [2002] NSWSC 709 Dimos v Hanos [2001] VSC 173 NRMA Insurance Ltd v Tatt (1989) 92 ALR 299 Aivars Rolands Mednis T/A MacElbing Mednis & Associates - Plaintiff PARTIES : Harry Chand - 1st Defendant Mark Rumore - 2nd Defendant Leichardt Municipal Council - 3rd Defendant FILE NUMBER(S) : SC 3389/01 COUNSEL : Mr M Campbell - For the Plaintiff Mr M K Rollinson - For the 1st Defendant MacElbing Mednis & Associates Solicitors SOLICITORS : Johnston Vaughan Solicitors Mark Rumore Solicitor Pike, Pike & Fenwick Solicitors
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