Helou v Nguyen; Re Application of LY Lawyers [2013] NSWSC 1782

Supreme Court New South Wales

Medium Neutral Citation: Helou v Nguyen; Re Application of LY Lawyers [2013] NSWSC 1782 Hearing dates: 29 November 2013 Decision date: 02 December 2013 Jurisdiction: Equity Division Before: Lindsay J Decision: 1. ORDER (supplementary to Order 6 made on 22 November 2013) that, upon finalisation of submissions in the principal proceedings, counsel for the defendants return to the Applicant Solicitor the papers delivered to him by the Applicant in compliance with Order 6, to the intent that those papers remain subject to such lien as the Applicant may have over them. 2. ORDER that the Notice of Motion of the Defendants' former solicitor (for discharge or variation of an order for return of counsel's brief to counsel to facilitate the preparation of final submissions on behalf of the defendants in the principal proceedings) otherwise be dismissed. 3. ORDER that, as between the Applicant on the Notice of Motion (the Defendants' former solicitor) and the Defendants, each party pay his or her own costs of the Motion. 4. ORDER that the Defendants pay the Plaintiffs' costs of the Motion. 5. ORDER that the time for delivery up of counsel's brief to counsel (pursuant to Order 6 made on 22 November 2013) be extended to 3 December 2013. 6. ORDER that the time for service of any written submissions to be made in the principal proceedings by the Defendants (that is, on or before 10 December 2013) be confirmed. 7. ORDER that the listing of the principal proceedings, for hearing or directions as the nature of the case may allow, at 9.30am on 19 December 2013 be confirmed. Catchwords: COSTS - Solicitor and former client - Lien claimed by solicitor for unpaid costs - Order for return of papers to counsel retained by solicitor - Counsel to prepare final submissions - Case Management - Third Party interests taken into account Legislation Cited: Civil Procedure Act 2005 NSW Legal Profession Act 2004 NSW (formerly s 209C(1)(b) of the Legal Profession Act 1987 NSW) and rules 8 and 29 of the Revised Professional Conduct and Practice Rules 1995 NSW Cases Cited: Re Weedman (Federal Court of Australia, Drummond J, 17 December 1996) BC 9606375 at pp 6-8; Bechara v Atie [2005] NSWCA 268 at [64]-[68] and [69] and PM Sulcs & Associates v Oliveri [2009] NSWSC 456 at [197] Texts Cited: - Category: Interlocutory applications Parties: Mohammed Helou, Janine Helou, Suzanne Helou, Halima Helou, Walid Helou, Nozem Helou and Karia Helou (Plaintiffs) Thai Giam Nguyen and Thi Thuy Lieu Le (Defendants) Adam Ly t/as LY Lawyers (Applicant) Representation: Solicitors: Plaintiffs: Paltos Briggs Defendants: Victor Lawyers Applicant: LY Lawyers File Number(s): 2013/00080448