Goldberg v Beckett [2015] NSWSC 1966

Goldberg v Beckett [2015] NSWSC 1966

Turner Freeman's equitable lien attached to the funds in court and was not defeated, for present purposes, by Ms Beckett's allegations concerning breaches of the costs agreement, disclosure failures or enforceability of the costs agreement. However, the lien operated as security and did not entitle Turner Freeman to receive and apply the secured costs before the quantum of costs had been determined by assessment or otherwise. It would also be inimical to the security of the lien to pay the judgment amount to Ms Beckett. The funds therefore had to remain in court pending assessment of Turner Freeman's bill of costs.

Jurisdiction
Australia
Judgment Date
18 December 2015
Procedural Posture
Procedural and Other Rulings; Solicitors' Costs and Equitable Lien Dispute / Interlocutory Application Concerning Whether Funds in Court Should Be Paid Out Pending Costs Assessment
Outcome
Plaintiffs' application dismissed; funds in court to remain there pending assessment of Turner Freeman's bill of costs.
Legal Topics
["solicitors' Equitable Lien" 'conditional Costs Agreement' 'funds in Court' 'costs Assessment' 'legal Profession Act 2004 Disclosure Obligations']
['civil Procedure' 'legal Profession' 'costs'] ["solicitors' Equitable Lien" 'conditional Costs Agreement' 'funds in Court' 'costs Assessment' 'legal Profession Act 2004 Disclosure Obligations']

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Procedural Posture

Procedural and Other Rulings; Solicitors' Costs and Equitable Lien Dispute / Interlocutory Application Concerning Whether Funds in Court Should Be Paid Out Pending Costs Assessment

Legal Issues

  1. 1 ["Whether judgment monies paid into court should remain there, be paid to Ms Beckett, or be paid to Turner Freeman pending determination of Turner Freeman's costs entitlement and Ms Beckett's challenge to the costs agreement." "Whether alleged breaches of the Legal Profession Act 2004 or alleged invalidity or unenforceability of the costs agreement affected Turner Freeman's equitable lien." "Whether Turner Freeman's equitable lien entitled it to receive and apply secured costs and disbursements before their quantum was ascertained by assessment or otherwise."]

Ratio Decidendi

Turner Freeman's equitable lien attached to the funds in court and was not defeated, for present purposes, by Ms Beckett's allegations concerning breaches of the costs agreement, disclosure failures or enforceability of the costs agreement. However, the lien operated as security and did not entitle Turner Freeman to receive and apply the secured costs before the quantum of costs had been determined by assessment or otherwise. It would also be inimical to the security of the lien to pay the judgment amount to Ms Beckett. The funds therefore had to remain in court pending assessment of Turner Freeman's bill of costs.

Court Disposition

Plaintiffs' application dismissed; funds in court to remain there pending assessment of Turner Freeman's bill of costs.

Orders

  • ["Plaintiffs' application for an order that the funds in court be paid to them pending ascertainment of their entitlement to costs by assessment or otherwise is dismissed." "The costs of this application are the plaintiffs' costs in the proceedings." 'Stand over the proceedings before me on 5 February 2016 for...