Macura v Sarasevic (No 2) [2019] NSWSC 1621

Supreme Court New South Wales

Medium Neutral Citation: Macura v Sarasevic (No 2) [2019] NSWSC 1621 Hearing dates: 6 November 2019 Decision date: 06 November 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. In relation to the VC Lawyers amended notice of motion filed on 18 October 2019, order that $52,500 be paid from $98,420 paid into court by the defendants pursuant to the orders of 18 October 2019 in satisfaction of the equitable lien. 2. Order that the motion be otherwise dismissed with no order as to costs. 3. In relation to the balance of the moneys, order that: (a) $9,185.55 in relation to the unpaid rent by the plaintiff be paid to the defendants; (b) $36,734.45 held in court be paid to the defendants on account of the costs payable by the plaintiff pursuant to the orders of 5 February 2019 and 18 October 2019. Catchwords: CIVIL PROCEDURE – Notice of Motion – Application by law firm seeking declaratory relief and claiming an equitable lien over a settlement sum that had been paid into court – where the applicant was the law firm acting for the plaintiff – where the applicant's legal fees remain outstanding – where motion dealt with after determination of the substantive issue in the proceedings – whether the applicant had standing – whether an equitable lien had arisen in the present case – whether the applicant was instrumental in obtaining the settlement result – held there was a sufficient causal link between the applicant's efforts and the settlement result – equitable lien established. Cases Cited: Akki Pty Ltd v Martin Hall Pty Ltd (1994) 35 NSWLR 470 Australian Beverage Distributors Pty Ltd v Evans & Tate Premium Wines Pty Ltd [2006] NSWSC 560 Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation Ltd (No 2) (1991) 28 FCR 308 Caboolture Park Shopping Centre Pty Ltd (In Liq) v White Industries (Qld) Pty Ltd (1993) 45 FCR 224; [1993] FCA 667 Canatan Holdings Pty Ltd v Audori Pty Ltd (Federal Court, Einfeld J, 22 February 1995, unrep) Doyles Construction Lawyers v Harsands Pty Ltd (Supreme Court (NSW), McLelland CJ in Eq, 24 December 1996, unrep) Ex Parte Patience; Makinson v The Minister (1940) 40 SR (NSW) 96 Kison v Papasian (1994) 61 SASR 567 Macura v Sarasevic [2019] NSWSC 1409 Roam Australia Pty Ltd v Telstra Corporation Ltd t/as Telecom Australia [1997] FCA 980 Twigg v Keady (1996) FLC 92-712 Worrell v Power & Power (1993) 46 FCR 214 Category: Procedural and other rulings Parties: Branco David Macura (Plaintiff) Dragan Sarasevic (First Defendant) Milena Mijatovich (Second Defendant) Vertzayas Lawyers Pty Ltd (Applicant on motion) Representation: Counsel: K Young (Applicant on motion) J Bartos (Defendants/respondents on motion) L Myers (as tutor for plaintiff/respondent on motion)