Twigg & Anor. v. Kung & Anor. [2002] NSWCA 220
The document sent by the appellants in 1989 did not provide sufficient clarity to fix the respondent with notice that a solicitor's lien was claimed over the proceeds in 1993. The notice did not refer to costs or a lien, and there was thus no operative notice at the time of the relevant dealing, especially after a change of solicitors and lapse of time. The appeal was therefore dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 11 July 2002
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment
- Outcome
- Appeal dismissed with costs
- Legal Topics
- ["solicitor's Lien" 'notice Requirements for Equitable Interests' 'authority to Receive Moneys' 'imputed and Actual Notice' 'change of Solicitors and Effect on Notice']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil Appeal / Court of Appeal Judgment
Legal Issues
- 1 ["Whether notice of a solicitor's lien can be given before the lien crystallises" "Whether authority to receive moneys amounts to notice of a solicitor's lien" 'Requirement of clarity in notice for lien to bind third parties' 'Effect of lapse of time and change of solicitors on notice']
Ratio Decidendi
The document sent by the appellants in 1989 did not provide sufficient clarity to fix the respondent with notice that a solicitor's lien was claimed over the proceeds in 1993. The notice did not refer to costs or a lien, and there was thus no operative notice at the time of the relevant dealing, especially after a change of solicitors and lapse of time. The appeal was therefore dismissed.
Court Disposition
Appeal dismissed with costs
Orders
- ['Appeal dismissed with costs']
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