The Owners - Strata Plan No 45205 v Andreones Pty Limited [2009] NSWSC 1189

New South Wales Supreme Court

CITATION : The Owners - Strata Plan No 45205 v Andreones Pty Limited [2009] NSWSC 1189

HEARING DATE(S) : 9 October 2009

JUDGMENT DATE : 13 October 2009

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

ORDERS: 1. That on a proper construction of the contracts between the plaintiff and the defendant concerning the proceeding: (a) The Owners - Strata Plan No. 45205 ats Oaks Hotels and Resorts (NSW) No. 2 Limited, Supreme Court proceeding no. 50035 of 2009; (b) The Owners - Strata Plan No. 45205 ats Oaks Hotels and Resorts (NSW) No. 2 Limited, Supreme Court proceeding no. 1899 of 2008; and (c) The Owners - Strata Plan No. 45205 ats Engineered Fire and Safety Solutions Pty Limited - District Court proceeding no. 3749 of 2008, DECISION : (collectively, Proceedings) that the defendant is not entitled upon termination of its retainer by the plaintiff to require the plaintiff to pay to the defendant an amount representing professional costs or expenses for copying the plaintiff's documents requested by the plaintiff following termination of the retainer in the Proceedings. 2. That the defendant is and has been, from a reasonable time following receipt of an 'Authority to Uplift and Transfer File' dated 9 September 2009, obliged to deliver up to Doyle Edwards Anderson Lawyers Pty Limited (on behalf of the plaintiff) the plaintiff's documents held by the defendant in relation to the Proceedings subject to the plaintiff paying or securing satisfactorily the defendant's costs up to the date of termination of its retainer on 11 September 2009. 3. In accordance with section 728 of the Legal Profession Act 2004 the defendant make available forthwith for collection by the plaintiff and/or the plaintiff's solicitors, all documents in the files relating to the Proceedings including an electronic copy of all documents stored electronically (emails, word, pdf and excel formats). 4. The defendant to pay the plaintiff's costs of the proceedings, including the costs reserved on 1 October 2009 and the costs related to the hearing of the separate issue, on the ordinary basis. 5. The exhibits may be returned after 28 days. 6. Direct that the orders may be taken out forthwith.