NSW Caselaw
New South Wales Supreme Court
CITATION : National Australia Bank Limited v Daniel George Charles Kiss & Anor [2006] NSWSC 1426
HEARING DATE(S) : 11/12/06
JUDGMENT DATE : 21 December 2006
JURISDICTION : Supreme Court
JUDGMENT OF : Rothman J
DECISION : (i) that access be granted to the defendant of the documents produced by Peter Ryan on subpoena issued to him upon condition that the defendant pay into the trust account of his solicitor on the record, Hancock's Solicitors, the amount of $7,633.60; (ii) until further order of the Court, the amount referred to in the immediately preceding paragraph shall not be released other than to the aforesaid Peter Ryan; (iii) costs of the Notice of Motion shall be reserved costs to be dealt with at the time that the merits of the claimed solicitor's lien are determined. At that time such costs will be as agreed or assessed
CATCHWORDS : DOCUMENTS - Solicitors' Lien - Payment into court - not examine merits of charge - order conditional on a claim being made bona fide - no interests of third party affected - costs of production - photocopying costs disallowed.
LEGISLATION CITED : Supreme Court Act 1970 (NSW)
Bolster v McCallum (1966) 85 WN (Part 1) 2818 286 Gebruder Naf v Proton (1890) 25 QBD 13 CASES CITED : Re Jalmoon Pty Ltd (1986) 2 QdR 264 Re Marriage of Conroy (1990) 103 SLR 233 Re Suttor (1890) 11 LR(NSW) 401
P: National Australia Bank Limited PARTIES : D1: Mr Daniel George Charles Kiss D2: Ms Karen Maree Maloney
FILE NUMBER(S) : SC 10262/2006
COUNSEL : P: Legzdin D1, 2: Garrett
SOLICITORS : P: Mr MW Hilton, Henry Davis York Solicitors D1, 2: Mr JL Hancock, Hancocks Solicitors
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