NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Omaya Investments Pty Ltd v Project Lawyers [2019] NSWSC 1394 Hearing dates: 9, 10 & 11 October 2019 Date of orders: 15 October 2019 Decision date: 15 October 2019 Jurisdiction: Equity - Duty List Before: Slattery J Decision: Terms and Conditions of form of first mortgage determined. Costs reserved. Catchwords: EQUITY – Equitable charges and liens – Solicitor's lien – plaintiff terminated retainer of solicitors, the defendants ("the solicitors"), in respect of Land and Environment Court proceedings – plaintiff disputes memoranda of fees claimed by the solicitors – solicitors claim lien over their file to secure payment of their fees – solicitors decline to transfer their file to new solicitors – plaintiff offering first mortgage security over property owned by another company also controlled by the principals of the plaintiff – solicitors dispute terms and conditions of the first mortgage Legislation Cited: Legal Profession Uniform Law (NSW), s 472 Real Property Act 1900, ss 57 and 58 Cases Cited: Bechara t/as Bechara & Co v Atie [2005] NSWCA 268 Gigi Entertainment Pty Limited v Basil John Macree [2011] NSWSC 856 Category: Procedural and other rulings Parties: Plaintiff: Omaya Investments Pty Ltd Defendant: Project Lawyers Representation: Counsel: Plaintiff: J. Knackstredt Defendant: M. Brabazon SC
Solicitors: Plaintiff: V. Panicker, Blackstone Waterhouse Lawyers Defendant: A. Perkins, Project Lawyers File Number(s): 2019/315296 Publication restriction: No
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