Goldberg v Beckett [2018] NSWSC 583

Procedural Posture

Costs in Proceedings Commenced by Solicitors to Enforce a Solicitor's Lien or Charge Over Judgment Monies / Decision on Costs and Specified Gross Sum Costs Order

Legal Issues

1. 1 ["Whether Ms Beckett should pay Turner Freeman's costs of and incidental to the proceedings." 'Whether a specified gross sum costs order should be made under s 98(4) of the Civil Procedure Act 2005.' 'Whether Turner Freeman was justified in commencing proceedings to protect its lien over the judgment monies after Ms Beckett sought to redirect payment to herself.' 'Whether Ms Beckett achieved any relief in her cross-summons sufficient to justify a costs order in her favour.']

Ratio Decidendi

Ms Beckett's own attempt to countermand the authority to receive judgment monies made it reasonable and necessary for Turner Freeman to commence proceedings to protect the fund over which it had a solicitor's lien. Turner Freeman was wholly vindicated, none of Ms Beckett's cross-summons relief was achieved, and the proceedings were not an appropriate forum for her disputes about the quantum of Turner Freeman's costs or the enforceability of the costs agreement. A specified gross sum order was appropriate to avoid further delay, expense and aggravation, but the amount claimed by Turner Freeman was reduced to $300,000 because aspects of Turner Freeman's conduct contributed to unnecessary...

Court Disposition

Ms Beckett was ordered to pay Turner Freeman's costs of and incidental to the proceedings as a specified gross sum of $300,000; the summons and cross-summons were otherwise dismissed.

Orders

• ["Order Ms Beckett to pay Turner Freeman's costs of and incidental to these proceedings." 'In accordance with s 98(4) of the Civil Procedure Act 2005, I direct that the costs referred to in order (1) be paid as a specified gross sum in the amount of $300,000.' 'The summons and cross-summons are otherwise dismissed.']