Shillington v Harries [2013] NSWSC 1202

Supreme Court New South Wales

Medium Neutral Citation: Shillington v Harries [2013] NSWSC 1202 Hearing dates: 15 and 28 March 2013 Decision date: 21 August 2013 Before: Latham J Decision: (1) The costs of the first plaintiff and the second plaintiff in these proceedings be paid from the fund held by them on trust pursuant to the orders made by the Family Court of Australia in matter number (P)SYC C5110/2008 on 11 March 2011, 23 November 2011 and 30 November 2011 ("the trust fund"). (2) Richard Harries reimburse to the trust fund the amount paid under order (3) above. (3) The determination of the costs assessor of 12 June and 25 August 2012 be quashed. Catchwords: SUMMONS - summons seeking declaration - plaintiffs are trustees of trust to which defendant is beneficiary - whether beneficiary is "client" of trustee for purposes of Legal Profession Act 2004 - whether beneficiary is "third party payer" of trustee for purposes of Legal Profession Act 2004 - nature of beneficiary's obligation to pay costs of trustee is equitable not legal - distinction between "legal obligation" to pay and "liability to pay" costs - defendant not a "client" for purposes of Legal Profession Act 2004 - defendant not a "third party payer" for purposes of Legal Profession Act 2004 Legislation Cited: Conveyancing Act 1919 Legal Profession Act 1987 Legal Profession Act 2004 Legal Profession Act 2007 (Qld) Parliamentary Contributory Superannuation Act 1971 Cases Cited: Amos v Ian K Fry & Co. [2010] QCA 131 Balkin v Peck (1998) 43 NSWLR 706 Boyce v McIntyre [2009] NSWCA 185 Claudio Grizonic v Suzanne Ranken Suttor & Ors Dawn Wade v Suzanne Ranken Suttor [2001] NSWSC 471 Griffiths v The Trustees of the Parliamentary Contributory Superannuation Fund [2012] NSWCA 231 Hardoon v Belilios [1901] AC 118 IW v City of Perth [1997] HCA 30; (1997) 191 CLR 1 Legal Services Commissioner v Wright [2010] QCA 321 Norrie v NSW Registrar of Births, Deaths and Marriages [2013] NSWCA 145 Category: Principal judgment Parties: Michael Shillington (1st Plaintiff) Michael Crowley (2nd Plaintiff) Richard John Harries (Defendant) Representation: Counsel M Castle (Plaintiffs)C Bolger (Defendant) Solicitors Hicksons (Plaintiffs)Lee Dalton & Associates (Defendant) File Number(s): 2012/00291023-1