FMS P/L & 7 Ors v Lewis & 2 Ors t/as Morgan Lewis Alter Lawyers [2002] NSWSC 932

FMS P/L & 7 Ors v Lewis & 2 Ors t/as Morgan Lewis Alter Lawyers [2002] NSWSC 932

On the evidence, the defendants (solicitors) terminated their retainer with the plaintiffs due to non-payment of fees, and justice required as a condition of delivery up of documents, that plaintiffs pay the undisputed amount and provide security for the balance.

Parties
First Plaintiff: Flexible Manufacturers Systems Pty Ltd; Second Plaintiff: Katingal Pty Ltd; Third Plaintiff: Paul Boyce Pty Ltd; Fourth Plaintiff: Royce Bruce Ritchie; Fifth Plaintiff: Access-Sria Pty Ltd; Sixth Plaintiff: Davunda Pty Ltd; Seventh Plaintiff: WRS Investments Pty Ltd; Eighth Plaintiff: Royce Ruitchie & Associates; Defendants: Leslie Lewis, Peter Maurice Alter and Mark Edward James Morgan t/as Morgan Lewis Alter Lawyers
Jurisdiction
Australia
Judgment Date
10 October 2002
Procedural Posture
Application for Delivery of Documents / Solicitor Client Dispute / Judgment
Outcome
Conditional order for delivery up of documents.
Legal Topics
Solicitor's Lien, Termination of Retainer, Costs Agreements, Delivery of Documents, Security for Costs
Equity Legal Profession Law Solicitor's Lien Termination of Retainer Costs Agreements Delivery of Documents Security for Costs

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Parties

Flexible Manufacturers Systems Pty Ltd

First Plaintiff

Katingal Pty Ltd

Second Plaintiff

Paul Boyce Pty Ltd

Third Plaintiff

Royce Bruce Ritchie

Fourth Plaintiff

Access-Sria Pty Ltd

Fifth Plaintiff

Davunda Pty Ltd

Sixth Plaintiff

WRS Investments Pty Ltd

Seventh Plaintiff

Royce Ruitchie & Associates

Eighth Plaintiff

Leslie Lewis, Peter Maurice Alter and Mark Edward James Morgan t/as Morgan Lewis Alter Lawyers

Defendants

Procedural Posture

Application for Delivery of Documents / Solicitor Client Dispute / Judgment

Legal Issues

  1. 1 Who terminated the solicitor-client retainer: the plaintiff or the defendant?
  2. 2 Whether the court should order delivery up of documents in the defendants’ possession to the plaintiffs, and on what terms.
  3. 3 Whether the defendants can maintain a lien or should have security for their costs.

Ratio Decidendi

On the evidence, the defendants (solicitors) terminated their retainer with the plaintiffs due to non-payment of fees, and justice required as a condition of delivery up of documents, that plaintiffs pay the undisputed amount and provide security for the balance.

Court Disposition

Conditional order for delivery up of documents.

Orders

  • Order in terms of paragraph 1 of the summons (delivery of documents).
  • Order conditional on plaintiffs paying $20,243.03 to the defendants on account of costs.