Rasma Gulbis v Mikelis Strikis [2012] NSWSC 807

Rasma Gulbis v Mikelis Strikis [2012] NSWSC 807

Mrs Gulbis and Mr Strikis were in a solicitor/client relationship concerning the property transfer; no proper costs were disclosed or billed, and Mr Strikis did not act solely as executor. No money was owing to support a lien, and the requirements of s 728 were satisfied. The Certificate of Title and other documents must be delivered up to Mrs Gulbis' solicitor, and costs awarded on an indemnity basis.

Parties
Plaintiff/cross Defendant: Rasma Gulbis; Defendant/cross Claimant: Mikelis Strikis
Jurisdiction
Australia
Judgment Date
13 July 2012
Procedural Posture
Application for Delivery Up of Documents and Lien Determination / Principal Judgment
Outcome
Orders made for delivery up of Certificate of Title and documents to plaintiff's solicitor; indemnity costs awarded against the defendant.
Legal Topics
Solicitor's Lien, Executor's Lien, Delivery Up of Documents, Legal Profession Act 2004, S 728, Costs (indemnity)
Equity Legal Practice Solicitor's Lien Executor's Lien Delivery Up of Documents Legal Profession Act 2004, S 728 Costs (indemnity)

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Parties

Rasma Gulbis

Plaintiff/cross Defendant

Mikelis Strikis

Defendant/cross Claimant

Procedural Posture

Application for Delivery Up of Documents and Lien Determination / Principal Judgment

Legal Issues

  1. 1 Whether a solicitor's lien or executor's lien exists over the Certificate of Title to property formerly held in joint tenancy;
  2. 2 Whether the solicitor acted as solicitor for the widow or only as executor of the estate;
  3. 3 Whether an order should be made under Legal Profession Act 2004, s 728 for delivery up of documents;

Ratio Decidendi

Mrs Gulbis and Mr Strikis were in a solicitor/client relationship concerning the property transfer; no proper costs were disclosed or billed, and Mr Strikis did not act solely as executor. No money was owing to support a lien, and the requirements of s 728 were satisfied. The Certificate of Title and other documents must be delivered up to Mrs Gulbis' solicitor, and costs awarded on an indemnity basis.

Court Disposition

Orders made for delivery up of Certificate of Title and documents to plaintiff's solicitor; indemnity costs awarded against the defendant.

Orders

  • Order that the Certificate of Title for the Dutton St property be released today to Mr O'Neill, solicitor for the plaintiff.
  • Order that there be released today to the solicitor for the plaintiff the following documents: (i) the death certificate of the deceased; (ii) the original will of the deceased made by Mr Gulbis dated 4 July 2001; (iii) a copy of the funeral account from DV Funeral Fund dated 21 July 2009; and (iv) the investment...