Cameron v Qantas Airways Limited [2011] NSWSC 1137

Cameron v Qantas Airways Limited [2011] NSWSC 1137

The solicitors, having obtained certificates of determination of assessed costs now taken as judgments, are entitled to payment out orders over funds in court by virtue of an equitable lien and satisfaction of procedural requirements under UCPR 55.11. The plaintiff's objections were previously addressed and not further contested, rendering the application unopposed in law.

Jurisdiction
Australia
Judgment Date
23 September 2011
Procedural Posture
Notice of Motion (procedural Ruling on Payment Out of Funds in Court) / Post Settlement Costs Application
Outcome
Orders for payment out to solicitors of funds in court representing portion of the plaintiff's verdict monies, plus interest and costs. Parties to bring in short minutes of order including calculations of interest. Costs of the application to be paid by Ms Cameron.
Legal Topics
["solicitor's Lien" 'costs Assessment' 'funds in Court' 'payment Out Orders']
['legal Practice' 'civil Procedure'] ["solicitor's Lien" 'costs Assessment' 'funds in Court' 'payment Out Orders']

Case Brief

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Procedural Posture

Notice of Motion (procedural Ruling on Payment Out of Funds in Court) / Post Settlement Costs Application

Legal Issues

  1. 1 ["Whether solicitors are entitled to payment out of funds in court for assessed costs and disbursements under a solicitor's lien" 'Whether procedural and evidentiary requirements for a payment out order are satisfied']

Ratio Decidendi

The solicitors, having obtained certificates of determination of assessed costs now taken as judgments, are entitled to payment out orders over funds in court by virtue of an equitable lien and satisfaction of procedural requirements under UCPR 55.11. The plaintiff's objections were previously addressed and not further contested, rendering the application unopposed in law.

Court Disposition

Orders for payment out to solicitors of funds in court representing portion of the plaintiff's verdict monies, plus interest and costs. Parties to bring in short minutes of order including calculations of interest. Costs of the application to be paid by Ms Cameron.

Orders

  • ['Applicants (solicitors) are entitled to payment out of funds in court representing portion of the balance of the plaintiff’s verdict monies, plus interest and costs.' 'Parties to bring in short minutes of order with calculations of interest up to the judgment date.' 'Order that costs of the application be paid by...