Jackson v Richards [2005] NSWSC 630

New South Wales Supreme Court

Jackson v Richards [2005] NSWSC 630 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 01/06/05

JUDGMENT DATE : 8 July 2005

JUDGMENT OF : White J

DECISION : 1. Amended summons dismissed; 2. The plaintiffs pay the defendant's costs, including reserved costs; 3. The orders made by Campbell J on 10 September, 2004 be dissolved; 4. Refer any enquiry as to damages pursuant to the plaintiffs' undertaking as to damages to an Associate Judge; 5. Direct that if the defendant wishes to enforce the plaintiffs' undertaking as to damages, he file and serve a notice of motion and an affidavit or affidavits in support thereof within 28 days. 6. The exhibits may be returned after 28 days.

CATCHWORDS : EQUITABLE ASSIGNMENTS - Future property - Plaintiff solicitors assisted defendant client with court proceedings - Claim that solicitors' costs were secured by a charge over prospective proceeds of sale of house - Whether there was an agreement to charge - Whether agreement to keep fund separate - Agreement to charge not made out on the evidence - LEGAL PRACTITIONERS - Particular lien - Claim by solicitors over defendant's share of proceeds of sale of house - Whether proceeds were the fruits of the action - Whether lien attached to so much of the proceeds as reflected the successful resistance to the opposite party's claim - Common law lien distinguished from charge under statute - Held that no lien arose.

Property (Relationships) Act 1984 (NSW) Legal Profession Act 1987 (NSW) LEGISLATION CITED : Solicitors Act 1860 (UK) Legal Practitioners' Act 1898 (NSW) Family Law Act 1975 (Cth)