Tyneside Property Management Pty Ltd & Ors v Hammersmith Management Pty Ltd & Ors [2011] NSWSC 156

Supreme Court New South Wales

Medium Neutral Citation: Tyneside Property Management Pty Ltd & Ors v Hammersmith Management Pty Ltd & Ors [2011] NSWSC 156 Hearing dates: Wednesday 9 February 2011 Decision date: 09 February 2011 Before: Brereton J Decision: Application to set aside subpoena dismissed, defendants to have access to documents produced pursuant to subpoena on a limited basis. Plaintiffs to bear costs of recipients of subpoena. Catchwords: SOLICITORS - possessory lien over client's documents - general principles - retainer discharged by solicitor - former client's documents subject to subpoena - interest of third party to solicitor client relationship involved - third party has interest which would be embarrassed by assertion of lien - former solicitors not entitled to retain documents in face of subpoena - practice of Court to protect interests of former solicitors in such circumstances - third party granted access to documents on basis that former client will not have access. Legislation Cited: (NSW) Legal Profession Act 2004, s 728 Uniform Civil Procedure Rules (Part 33.4) Cases Cited: Bechara (t/as Bechara & Co) v Atie [2005] NSWCA 268 Blander v Kemp Strang Lawyers Pty Ltd [2006] NSWSC 48 Bolger v Bolger (1985) 82 FLR 46 Bolster v McCallum and Another [1966] 2 NSWR 660 Gamlen Chemical Co (UK) Ltd v Rochem Ltd and others 1 All ER 1049 Hughes v Hughes (1958) 2 All ER 366 Hughes v Hughes (1958) 3 All ER 179 In the Marriage of Rhode; Borthwick, Butler and Yee intervening (1983) 9 Fam LR 159 In re Rapid Road Transit Company [1909] 1 Ch 96 Jankowski and Anor v Mastoris (Supreme Court of New South Wales, Hodgson J, 19 September 1995, unreported) Major Projects Pty Ltd v Sibmark Pty Ltd (Supreme Court of New South Wales, McLelland J, 19 February 1992, unreported) Robins v Goldingham (1872) LR 13 Eq 440 Tyneside v Hammersmith [2011] NSWSC 22 Category: Procedural and other rulings 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 Investment Pty Limited (Fourth Defendant) Bluegrass Nominees Pty Limited (Fifth Defendant) Nathan Oliver (Sixth Defendant) Frederick James Boswell (Seventh Defendant) RMB Lawyers (subpoena party) Representation: Counsel Plaintiffs: Mr D.A. Smallbone Mr D.P. O'Connor Defendants: Mr David L. Williams SC Mr Scott Goodman RMB Lawyers: Ms M. Bateman Solicitors Plaintiffs: Moray Agnew Defendants: Clayton Utz File Number(s): 2003/83732