Rasma Gulbis v Mikelis Strikis [2012] NSWSC 807

Supreme Court New South Wales

Medium Neutral Citation: Rasma Gulbis v Mikelis Strikis [2012] NSWSC 807 Hearing dates: 13 July 2012 Decision date: 13 July 2012 Jurisdiction: Equity Division Before: Slattery J Decision: Defendant/solicitor ordered to transfer Certificate of Title to plaintiff/widow pursuant to Legal Profession Act, s 728 - defendant ordered to pay indemnity costs of proceedings. Catchwords: LEGAL PRACTITONERS - lien - defendant/solicitor appointed executor of estate of deceased - plaintiff/widow of deceased and registered proprietor of residential property with deceased as joint tenants instructs solicitor to arrange transfer of deceased's interest in property to her - solicitor performs legal work but claims work performed as executor of the estate, not as solicitor for the widow - solicitor does not provide fee disclosure or issue a bill of costs to widow in conformity with Legal Profession Act 2004, Pt 3.2 in respect legal work performed in relation to Certificate of Title - whether solicitor retained by the widow or whether solicitor acting as executor - solicitor claims lien over Certificate of Title issued by Land Titles Office in widow's name - whether order should be made under Legal Profession Act 2004, s 728 for the delivery up of the Certificate of Title to the widow - whether solicitor's lien. Legislation Cited: Legal Profession Act 2004 (NSW), s 178 Probate and Administration Act 1898 (NSW), s 86 Real Property Act 1900 (NSW) Cases Cited: Automobile & General Finance Co Ltd v Cowley - Cooper (1948) 49 SR (NSW) 31 Baillieu Knight Frank (NSW) v Ted Manny Real Estate Pty Ltd (1992) 30 NSWLR 359 Blazai Pty Ltd v Maley t/as MacLarens Solcitors & Attorneys [2012] NSWSC 489 Degmam Pty Ltd (in liq) v Wright (1983) 2 NSWLR 354 Gigi Entertainment Pty Ltd v Macree [2011] NSWSC 856 Harrison v Schipp [2001] NSWCA 13 Hypec Electronics Pty Ltd (in liq) v Mead (2004) 61 NSWLR 169 NMFM Property Pty Ltd v Citibank (No. 11) (2001) 109 FCR 77 White v Bini [2003] FCA 669 Category: Principal judgment Parties: Plaintiff/cross-defendant:- Rasma Gulbis Defendant/ cross-claimant:- in person Representation: Counsel: