Samaha & Anor v El-Hawache [2005] NSWSC 967

Samaha & Anor v El-Hawache [2005] NSWSC 967

The Defendant failed to provide a proper bill of costs and did not cooperate in arrangements safeguarding his lien. Plaintiffs' undertakings and proffered deed sufficiently protected the Defendant's interests, justifying compulsory delivery of the file and provision of a compliant bill of costs under s.209C(1) Legal Profession Act 1987 (NSW).

Jurisdiction
Australia
Judgment Date
15 September 2005
Procedural Posture
Application Under S.209 C Legal Profession Act 1987 (nsw) / Judgment
Outcome
Defendant ordered to deliver Plaintiffs' file to new solicitor and to render a bill of costs; Defendant to pay Plaintiffs' costs of the Summons.
Legal Topics
["solicitor's Lien" 'costs' 'file Delivery' 'legal Profession Act 1987 (nsw) S.209 C']
['equity' 'professional Conduct'] ["solicitor's Lien" 'costs' 'file Delivery' 'legal Profession Act 1987 (nsw) S.209 C']

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Procedural Posture

Application Under S.209 C Legal Profession Act 1987 (nsw) / Judgment

Legal Issues

  1. 1 ["Whether the previous solicitor should be ordered to render a bill of costs and surrender the client's file on conditions"]

Ratio Decidendi

The Defendant failed to provide a proper bill of costs and did not cooperate in arrangements safeguarding his lien. Plaintiffs' undertakings and proffered deed sufficiently protected the Defendant's interests, justifying compulsory delivery of the file and provision of a compliant bill of costs under s.209C(1) Legal Profession Act 1987 (NSW).

Court Disposition

Defendant ordered to deliver Plaintiffs' file to new solicitor and to render a bill of costs; Defendant to pay Plaintiffs' costs of the Summons.

Orders

  • ['Defendant to provide a bill of costs to Plaintiffs relating to specified legal services.' "Defendant to deliver Plaintiffs' files to new solicitor within 24 hours, conditional on written confirmation of undertaking by the new solicitor." "Defendant to pay Plaintiffs' costs of the Summons."]