Australia and New Zealand Banking Group v Meilak [2016] NSWSC 1448

Supreme Court New South Wales

Medium Neutral Citation: Australia and New Zealand Banking Group v Meilak [2016] NSWSC 1448 Hearing dates: 11 October 2016 Date of orders: 11 October 2016 Decision date: 11 October 2016 Jurisdiction: Common Law Before: Davies J Decision: 1. The Notice of Motion filed by the Defendant on 10 October 2016 is dismissed;

2. The Defendant is to pay the costs of the Applicants' Notice of Motion;

3. The Defendant is to pay the Applicants' costs of the Notice of Motion first filed 7 October 2016, and costs incurred in responding to the subpoena from the time of service of the subpoena up to the present day. Catchwords: LEGAL PRACTITIONERS – costs – solicitor's lien for costs – subpoena directed to Defendant's former solicitors for production of file – solicitors' costs unpaid – whether Defendant was client of solicitors – costs agreement whereby third party payer would meet the costs – no obligation on Defendant to pay those costs – whether lien exists in those circumstances – failure of solicitors to comply with costs disclosure provisions in Uniform Law – whether lien affected Legislation Cited: Legal Profession Act 2004 (NSW) Legal Profession Uniform Law (NSW)(2014 No 16a) (NSW) Cases Cited: Australia and New Zealand Banking Group and Meilak [2016] NSWSC 1392 Patterson v Cohen [2005] NSWSC 635 Category: Procedural and other rulings Parties: Australia and New Zealand Banking Group (Plaintiff) Francis Meilak (Defendant) Citilawyers Pty Ltd (First Applicant) Vatche Janoyan (Second Applicant) Representation: Counsel: J Nathan (Applicants) R Jefferis (Defendant)