Hung v Saad [2004] NSWSC 119

New South Wales Supreme Court

CITATION : Hung v Saad [2004] NSWSC 119 HEARING DATE(S) : 13, 20 and 26 February 2004 JUDGMENT DATE : 26 February 2004 JURISDICTION: 4903/01 JUDGMENT OF : Windeyer J at 1 DECISION : On second and fourth cross-claims - judgment for cross-claimant on second cross-claim - judgment for the cross-defendant on the fourth cross-claim

CATCHWORDS : LEGAL PRACTITIONERS - costs agreements - claim to recover unpaid costs - defence of collateral agreement that no payment to be made unless certain conditions fulfilled - cross claim of damages for breach of retainer/negligence - solicitor entitled to recover - cross claim denied To Hung (First Plaintiff) Qian Na Xu (Second Plaintiff) Saad Saad (First Defendant) Nadia Saad (Second Defendant) SCE Buildings & Construction Pty Limited (Third Defendant) Magney Mortgages Limited (Fourth Defendant) Danny John Arraj t/as Arraj Lawyers (Fifth Defendant) On first cross claim SCE Building & Construction Pty Ltd (First Cross Claimant) Saad Saad (First Cross Defendant) Nadia Saad (Second Cross Defendant) PARTIES : Danny John Arraj t/as Arraj Lawyers (Third Cross Defendant) Magney Mortgages Limited (Fourth Cross Defendant) On second cross claim Danny John Arraj t/as Arraj Lawyers (Cross Claimant) Saad Saad (Cross Defendant) On third cross claim Saad Saad (Cross Claimant) SCE Building & Construction Pty Ltd (First Cross Defendant) Magney Mortgages Limited (Second Cross Defendant) On fourth cross claim Saad Saad (Cross Claimant) Danny John Arraj t/as Arraj Lawyers (Cross Defendant) FILE NUMBER(S) : SC 4903/01 COUNSEL : Mr M Scheib (Mr Arraj) Mr A Kumar (Mr Saad) SOLICITORS : Riley Gray-Spencer (Mr Arraj) Sandroussi & Associates (Mr Saad)