Milicevic v Vourlas & Ors [2006] NSWSC 401

Milicevic v Vourlas & Ors [2006] NSWSC 401

The court directed that $250,000 of the judgment sum be paid into court by the second and third defendants, to be held pending the assessment of the costs owed by the first defendant to her former solicitor, ensuring the solicitor’s equitable charge over the verdict is preserved.

Jurisdiction
Australia
Judgment Date
04 May 2006
Procedural Posture
Equity Proceedings / Application for Directions on Proceeds of Judgment
Outcome
Direction for payment of moneys into court pending costs assessment.
Legal Topics
["solicitors' Lien" 'proceeds of Verdict' 'costs Assessment']
['legal Practitioners'] ["solicitors' Lien" 'proceeds of Verdict' 'costs Assessment']

Case Brief

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Procedural Posture

Equity Proceedings / Application for Directions on Proceeds of Judgment

Legal Issues

  1. 1 ["Whether part of the proceeds of judgment should be withheld from the first defendant pending the assessment or agreement of solicitor's costs"]

Ratio Decidendi

The court directed that $250,000 of the judgment sum be paid into court by the second and third defendants, to be held pending the assessment of the costs owed by the first defendant to her former solicitor, ensuring the solicitor’s equitable charge over the verdict is preserved.

Court Disposition

Direction for payment of moneys into court pending costs assessment.

Orders

  • ["The sum of $250,000, being part of the judgment sum in proceedings 20319/04, be paid by the second and third defendants into court pending the assessment of the plaintiff's (solicitor's) costs." 'Costs so assessed be paid to the plaintiff or as directed, subject to any further order of the court, out of the...