Gigi Entertainment Pty Limited v Basil John Macree (No. 2) [2011] NSWSC 869

Supreme Court New South Wales

Medium Neutral Citation: Gigi Entertainment Pty Limited v Basil John Macree (No. 2) [2011] NSWSC 869 Hearing dates: 3, 5 and 11 August 2011 Decision date: 12 August 2011 Jurisdiction: Equity Division - Duty List Before: Slattery J Decision: 1. Order pursuant to Legal Profession Act , s 728 that the defendant deliver to O'Neill Partners his file or files in respect of proceedings 2008/289478. 2. Order 1 is subject to a condition that the plaintiff first provide security to the defendant in the sum of $100,000 for the purpose of payment of any outstanding costs found to be due to the defendant, either by: (a) the retaining that sum as security in the trust account of O'Neill Partners for that purpose, or (b) the giving of a charge over real estate for that purpose or, (c) the giving of a charge over some other property to which the defendant agrees for that purpose. 3. The defendant is ordered to implement Order 1 by providing the file to the solicitor's for the plaintiff by 12 noon on Monday, 15 August 2011 provided that by 10am on Monday 15 August 2011 the plaintiff has provided security in accordance with Order 2. 4. Grant parties liberty to apply on 24 hours notice in relation to the implementation of these orders. 5. Note that there will be no order as to costs to the intent that each party will bear his or its own costs of the proceedings. 6. The Summons is otherwise dismissed. Catchwords: SOLICITOR - COSTS - lien - delivery of former client's papers to new solicitor - solicitor's rules - whether solicitors undertaking satisfactorily secures payment of former solicitor's costs and disbursements - Legal Profession Act 2004, s 728 - appropriate conditions. Legislation Cited: Legal Profession Act 2004 (NSW), ss 309, 316, 317, 728 Cases Cited: Bechara t/as Bechara & Co v Atie & Anor [2005] NSWCA 268 Blanda v Kemp Strang Lawyers Pty Limited [2006] NSWSC 48 Benett v Wyndham (1862) 4 DF&J 259 Gamlen Chemical Co (UK) Ltd v Rochem Ltd [1980] 1 All ER 1049 Gatsios Holdings Pty Limited v Nick Kritharas Holdings Pty Limited (2002) ATPR 41-864 Gigi Entertainment Pty Limited v Basil John Macree (2011) NSWSC 856 Gigi Entertainment Pty Limited v Schmidt [2010] NSWSC 906 Re Raybould; Raybould v Turner [1900] 1 Ch 199 Stark v Dennett [2008] 2 Qd R 72 Tyneside Property Management Pty Limited & Ors v Hammersmith Management Pty Limited & Ors [2011] NSWSC 22 Category: Principal judgment Parties: Plaintiff - Gigi Entertainment Pty Limited Defendant - Basil John Macree Representation: Plaintiff- J.P.Redmond (on 12 August 2011) Defendant – M.Bateman Plaintiff - C Brown (on 11 August 2011), O'Neill Partners File Number(s): 2011/239722 Publication restriction: No.