Jackson v Richards [2005] NSWSC 630

Jackson v Richards [2005] NSWSC 630

The plaintiffs failed to prove an agreement amounting to an equitable charge over the proceeds of sale; and a common law or equitable lien does not arise in respect of property preserved for a defendant who merely resisted a claim. The order for sale of property was not obtained by the defendant, nor was the fund the fruit of litigation produced by the plaintiffs' industry for the defendant. No lien or charge exists in these circumstances.

Jurisdiction
Australia
Judgment Date
08 July 2005
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiffs' claim dismissed; costs awarded to defendant.
Legal Topics
['equitable Charge' "solicitor's Lien" 'costs Agreements' 'property (relationships) Act Proceedings']
['equity' 'legal Profession'] ['equitable Charge' "solicitor's Lien" 'costs Agreements' 'property (relationships) Act Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ["Whether an agreement was made to charge the defendant's share of sale proceeds with payment of solicitors' costs" "Whether a solicitor has a 'fruits of the litigation' lien over proceeds received by a client who successfully resisted a claim" "Whether the proceeds of sale were the fruits of litigation obtained through solicitor's industry"]

Ratio Decidendi

The plaintiffs failed to prove an agreement amounting to an equitable charge over the proceeds of sale; and a common law or equitable lien does not arise in respect of property preserved for a defendant who merely resisted a claim. The order for sale of property was not obtained by the defendant, nor was the fund the fruit of litigation produced by the plaintiffs' industry for the defendant. No lien or charge exists in these circumstances.

Court Disposition

Plaintiffs' claim dismissed; costs awarded to defendant.

Orders

  • ['Amended summons dismissed' "Plaintiffs pay the defendant's costs, including reserved costs" 'Orders made by Campbell J on 10 September 2004 be dissolved' "Any enquiry as to damages pursuant to the plaintiffs' undertaking as to damages referred to an Associate Judge" "If the defendant wishes to enforce the...