Hamod v Diab [2011] NSWCA 205

Hamod v Diab [2011] NSWCA 205

The trial judge was correct in finding that the first respondent had a lien over the costs ordered to be paid by the State and correctly made the declaration. The evidence rejected was not relevant to that issue.

Parties
Applicant: Anthony Hamod; First Respondent: Simon Diab; Second Respondent: State of New South Wales
Jurisdiction
Australia
Judgment Date
21 July 2011
Procedural Posture
Summons for Leave to Appeal / Appellate Leave to Appeal
Outcome
Leave to appeal dismissed
Legal Topics
Solicitor's Lien, Costs, Leave to Appeal, Rejection of Evidence
Civil Procedure Solicitor's Lien Costs Leave to Appeal Rejection of Evidence

Case Brief

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Parties

Anthony Hamod

Applicant

Simon Diab

First Respondent

State of New South Wales

Second Respondent

Procedural Posture

Summons for Leave to Appeal / Appellate Leave to Appeal

Legal Issues

  1. 1 Whether the first respondent had a lien over costs payable by the State of New South Wales to the applicant
  2. 2 Whether the trial judge erred in rejecting the evidence, specifically a letter dated 14 December 2007

Ratio Decidendi

The trial judge was correct in finding that the first respondent had a lien over the costs ordered to be paid by the State and correctly made the declaration. The evidence rejected was not relevant to that issue.

Court Disposition

Leave to appeal dismissed

Orders

  • Summons for leave to appeal dismissed
  • The applicant is to pay the first respondent's costs of the summons for leave to appeal