Amirbeaggi & Ors v Business In Focus (Aust) Pty Limited & Ors [2010] NSWSC 35

New South Wales Supreme Court

CITATION : Amirbeaggi & Ors v Business In Focus (Aust) Pty Limited & Ors [2010] NSWSC 35 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 11 September 2009

JUDGMENT DATE : 5 February 2010

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

ORDERS: DECISION : 1. Grant leave to file a cross claim in the form of the second further amended cross claim but excluding any claim by Mr Wellard for damages for wrongful detention of the property of the cross claimants in relation to the Queensland proceedings. 2. Direct the parties to bring in short minutes of order within seven days to give effect to these reasons. 3. Grant liberty to apply.

CATCHWORDS : PROCEDURE - legal firm acts for client joint venturers in litigation over joint venture - termination of firm's retainer in litigation - firm claims lien over client file for unpaid fees - application by firm to strike out clients' cross claim - clients seek to file new cross claim - leave granted to file new cross claim - examination of clients' failure to comply with Court orders in joint venture litigation - possibility that clients' new solicitor may be joined as party to the present action - real possibility of conflict of interest if joinder of new solicitor occurs - directions to resolve issue as to whether new solicitor will be joined and as to the clients' access to files in firm's possession

Civil Procedure Act 2005 (NSW) ss 26, 56 Corporations Act 2001 (Cth) ss 459E (2)(c), 459G Fair Trading Act 1987 (NSW) s 42 LEGISLATION CITED : Legal Profession Act 2004 (NSW), Part 3.2, Division 11 ss 322(5), 327, 372, 728 Trade Practices Act 1974 (Cth) s 52 Uniform Civil Procedure Rules 1999 (QLD), Chapter 7 Uniform Civil Procedure Rules 2005 (NSW) Rule 13.4, Part 21