Hung v Saad [2004] NSWSC 119

Hung v Saad [2004] NSWSC 119

The court found the written costs agreements valid and enforceable, rejecting the existence of any oral collateral agreement deferring payment. Claims of solicitor negligence or breach of contract failed for want of evidence or causative connection. Accordingly, judgment was entered for the solicitor on the second cross-claim (unpaid costs and loan) and for the cross-defendant on the fourth cross-claim (negligence).

Parties
First Plaintiff: To Hung; Second Plaintiff: Qian Na Xu; First Defendant: Saad Saad; Second Defendant: Nadia Saad; Third Defendant: SCE Buildings & Construction Pty Limited; Fourth Defendant: Magney Mortgages Limited; Fifth Defendant: Danny John Arraj t/as Arraj Lawyers; First Cross Claimant: SCE Building & Construction Pty Ltd; First Cross Defendant: Saad Saad; Second Cross Defendant: Nadia Saad; Third Cross Defendant: Danny John Arraj t/as Arraj Lawyers; Fourth Cross Defendant: Magney Mortgages Limited; Cross Claimant: Danny John Arraj t/as Arraj Lawyers; Cross Defendant: Saad Saad; Cross Claimant: Saad Saad; First Cross Defendant: SCE Building & Construction Pty Ltd; Second Cross Defendant: Magney Mortgages Limited; Cross Defendant: Danny John Arraj t/as Arraj Lawyers
Jurisdiction
Australia
Judgment Date
26 February 2004
Procedural Posture
Civil / Judgment on Second and Fourth Cross Claims
Outcome
Judgment for cross-claimant on second cross-claim (Arraj); judgment for cross-defendant on fourth cross-claim (Arraj).
Legal Topics
Costs Agreements, Legal Practitioners, Breach of Retainer, Negligence, Damages
Legal Practice Costs Agreements Legal Practitioners Breach of Retainer Negligence Damages

Case Brief

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Parties

To Hung

First Plaintiff

Qian Na Xu

Second Plaintiff

Saad Saad

First Defendant

Nadia Saad

Second Defendant

SCE Buildings & Construction Pty Limited

Third Defendant

Magney Mortgages Limited

Fourth Defendant

Danny John Arraj t/as Arraj Lawyers

Fifth Defendant

SCE Building & Construction Pty Ltd

First Cross Claimant

Saad Saad

First Cross Defendant

Nadia Saad

Second Cross Defendant

Danny John Arraj t/as Arraj Lawyers

Third Cross Defendant

Magney Mortgages Limited

Fourth Cross Defendant

Danny John Arraj t/as Arraj Lawyers

Cross Claimant

Saad Saad

Cross Defendant

Saad Saad

Cross Claimant

SCE Building & Construction Pty Ltd

First Cross Defendant

Magney Mortgages Limited

Second Cross Defendant

Danny John Arraj t/as Arraj Lawyers

Cross Defendant

Procedural Posture

Civil / Judgment on Second and Fourth Cross Claims

Legal Issues

  1. 1 Whether solicitor is entitled to recover unpaid costs under costs agreements
  2. 2 Whether oral collateral agreement impacts enforceability of written costs agreements
  3. 3 Whether damages are payable for alleged breach of retainer or negligence by solicitor

Ratio Decidendi

The court found the written costs agreements valid and enforceable, rejecting the existence of any oral collateral agreement deferring payment. Claims of solicitor negligence or breach of contract failed for want of evidence or causative connection. Accordingly, judgment was entered for the solicitor on the second cross-claim (unpaid costs and loan) and for the cross-defendant on the fourth cross-claim (negligence).

Court Disposition

Judgment for cross-claimant on second cross-claim (Arraj); judgment for cross-defendant on fourth cross-claim (Arraj).

Orders

  • Judgment for solicitor (Danny John Arraj) for amounts claimed under costs agreements and loan, plus interest.
  • Matter stood over to calculate judgment sum including interest.