Tyneside Property Management Pty Limited & Ors v Hammersmith Management Pty Limited & Ors [2011] NSWSC 22

Supreme Court New South Wales

Medium Neutral Citation: Tyneside Property Management Pty Limited & Ors v Hammersmith Management Pty Limited & Ors [2011] NSWSC 22 Hearing dates: 25 January 2011 Decision date: 25 January 2011 Jurisdiction: Equity Division Before: Pembroke J Decision: 1 I order pursuant to s 728 of the Legal Profession Act that the respondents deliver to Moray & Agnew their file or files in respect of the proceedings number 2003/83732. 2 That order is subject to the condition that the plaintiffs first cause $100,000 to be held on trust for the outstanding costs due to the respondents pending assessment or agreement between the parties. 3 I order the plaintiffs to pay half the respondent's costs of this application. Catchwords: SOLICITOR'S LIEN - unpaid costs - Section 728 of Legal Profession Act - appropriate conditions - relationship with Solicitors Rules Legislation Cited: Legal Profession Act 2004 Revised Professional Conduct & Practice Rules 1995 (Solicitors' Rules) Cases Cited: Bechara v Atie [2005] NSWCA 268 Spence v Gerald Malouf & Partners Pty Limited (2010) NSWSC 764 Category: Principal judgment Parties: Tyneside Property Management Pty Limited (First Plaintiff) Namlot Nominees Pty Limited (Second Plaintiff) Roy Frederick Haggis (Third Plaintiff) Hammersmith Management Pty Limited (First Defendant) Roche Group Pty Limited (Second Defendant) John Oliver (Third Defendant) Tasmanian Prosperity Investments Pty Limited (Fourth Defendant) Bluegrass Nominees Pty Limited (Fifth Defendant) Nathan Oliver (Sixth Defendant) Fredrick James Boswell (Seventh Defendant) Representation: Counsel: G M McGrath (Plaintiffs) M Bateman (Defendants) Solicitors: Russell McLelland Brown Lawyers (Plaintiffs) S J Brook & Associates (Fourth & Fifth Defendants) File Number(s): 2003/00083732