Blazai Pty Limited v Christopher Paul Maley t/as Maclarens Solicitors & Attorneys [2012] NSWSC 489

Supreme Court New South Wales

Medium Neutral Citation: Blazai Pty Limited v Christopher Paul Maley t/as Maclarens Solicitors & Attorneys [2012] NSWSC 489 Hearing dates: 15 March 2012 Decision date: 14 May 2012 Before: Harrison AsJ Decision: (1) Blazai is to provide an undertaking that it will pay Martin Legal's costs first from the moneys recovered on its behalf in respect of the substantiative proceedings within 7 days. (2) Martin Legal is to deliver its file or files in the substantive proceedings (being proceedings 50124/2007 and/or 10646/2008) and all documents relating thereto including matter number 5531/2008 to Blazai's current solicitors, R J Thomas within 7 days after the receipt of the undertaking. (3) Costs are reserved. Catchwords: COSTS - solicitor's lien - dispute over type of lien - which party terminated the retainer - whether plaintiff owes fees to defendant -security for costs Legislation Cited: Legal Profession Act 2004 Revised Professional Conduct and Practice Rules 1995 Cases Cited: Bechara t/as Bechara & Co v Atie & Anor [2005] NSWCA 268 Blazai Pty Ltd v Gateway Developments (St Marys) Pty Ltd [2009] NSWSC 800 Gigi Entertainment Pty Ltd v Macree [2011] NSWSC 856 Spence v Gerard Malouf & Partners Pty Ltd trading as Gerard Malouf & Partners [2010] NSWSC 764 Tynside Property Management Pty Ltd v Hammersmith Management Pty Ltd [2011] NSWSC 22 Category: Procedural and other rulings Parties: Blazai Pty Limited ACN 075 060 052 (Plaintiff) Christopher Paul Maley t/as Maclarens Solicitors and Attorneys (Defendant) Representation: AD Justice (Plaintiff) AR Martin (Defendant) R J Thomas Solicitors (Plaintiff) Martin Legal Pty Limited File Number(s): 2008/282939