Milicevic v Vourlas & Ors [2006] NSWSC 401

New South Wales Supreme Court

CITATION : Milicevic v Vourlas & Ors [2006] NSWSC 401

HEARING DATE(S) : 4 May 2006

JUDGMENT DATE : 4 May 2006

JURISDICTION : Equity Division

JUDGMENT OF : Windeyer J at 1

DECISION : Direction for payment of moneys into Court.

CATCHWORDS : LEGAL PRACTITONERS - solicitors - claim for charge or lien over fruits of verdict

Miki Milicevic (Plaintiff) PARTIES : Seseil Vourlas (First Defendant) Hunt & Hunt (Second Defendant) GIO General Insurance Limited (Third Defendant)

FILE NUMBER(S) : SC 2439 of 2006

Mr J Jobson (Plaintiff) COUNSEL : In person (First Defendant) Ms A Boyd Boland (Second and Third Defendants)

Milicevic Solicitors (Plaintiff) SOLICITORS : In person (First Defendant) Hunt & Hunt (Second and Third Defendants)

- 2 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

WINDEYER J

THURSDAY 4 MAY 2006

2439/06 MIKI MILICEVIC v VOURLAS

JUDGMENT

1 HIS HONOUR: This is an application by amended summons filed in court this morning for an order that part of the proceeds of a judgment in favour of the first defendant in a Common Law action not be paid to her but that they be held, although it is not properly articulated, pending the proper assessment or agreement as to the costs of the solicitor for the first defendant (plaintiff in the Common Law proceedings) to ensure that he has the benefit of the so-called lien or equitable charge on the fruits of the verdict in respect of his costs in obtaining that verdict.

2 The verdict was for a sum of $469,481.66. From that I have been told, without objection, there are to be deductions of $129,148.89 for workers' compensation in respect of the same injuries and the sum of $34,033.28 being a refund due to the Health Insurance Commission, both those sums having been included in the verdict moneys. That, of course, is the normal result of Common Law proceedings. The balance remaining, therefore, payable to the plaintiff, would be the sum of $306,300 plus costs.