NSW Caselaw
New South Wales Supreme Court
CITATION : Spence v Gerard Malouf & Partners Pty Ltd trading as Gerard Malouf & Partners [2010] NSWSC 764
HEARING DATE(S) : 21 June 2010
JUDGMENT DATE : 14 July 2010
JURISDICTION : Equity
JUDGMENT OF : Bergin CJ in Eq
DECISION : Defendant is to produce file to plaintiff's solicitors within 7 days. Plaintiff's solicitors to return the file to the defendant after settlement or when Proceedings are terminated or concluded. Defendant is to pay plaintiff's costs of this application.
CATCHWORDS : SOLICITORS – LIEN – application for production of file – where solicitors retained on "No Win – No Charge" basis – construction of retainer – whether solicitors entitled to demand payment of costs in 7 days if of the view that client will not do better than offer of compromise – whether client or solicitors terminated retainer – whether client "owes" solicitors any fees at time of application - dangers of "No Win – No Charge" retainer
LEGISLATION CITED : Legal Profession Act 2004 Legal Profession Act 1987
Bechara t/as Bechara & Co v Atie & Anor [2005] NSWCA 268 Gamlen Chemical Co (UK) Ltd v Rochem Ltd [1980] 1 WLR 614 CASES CITED : Ismail & Anor v Richards Butler (a firm) [1996] 2 All ER 506 Salvatore Blanda v Kemp Strang Lawyers Pty Ltd [2006] NSWSC 48 Spence v Leitch [2010] NSWSC 477
PARTIES : Allan Spence (Plaintiff) Gerard Malouf & Partners Pty Ltd t/as Gerard Malouf & Partners (Defendant)
FILE NUMBER(S) : SC 2010/146014
COUNSEL : A R Lang (Plaintiff) D W Elliott (Defendant)
SOLICITORS : Lawjet Lawyers (Plaintiff) Gerard Malouf & Partners (Defendant)
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