STANTON v SILLAR [1997] NSWCA 293

STANTON v SILLAR [1997] NSWCA 293

To enable prosecution of the appeal, the exhibits must be made available to the Court of Appeal, notwithstanding any alleged solicitor's lien for unpaid costs.

Parties
Appellant: Stanton; Respondent: Sillar (Michelle Sillar, solicitors)
Jurisdiction
Australia
Judgment Date
07 April 1997
Procedural Posture
Interlocutory Application / Direction/order Regarding Exhibits in Appeal Proceedings
Outcome
Application granted. Exhibits to be lodged with Court of Appeal Registry; defendant to pay plaintiff's costs of the summons, but payment may be delayed pending overall costs agreement.
Legal Topics
Lien Over Documents, Appeal Procedure, Delivery of Exhibits, Solicitors' Obligations
Civil Procedure Lien Over Documents Appeal Procedure Delivery of Exhibits Solicitors' Obligations

Case Brief

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Parties

Stanton

Appellant

Sillar (Michelle Sillar, solicitors)

Respondent

Procedural Posture

Interlocutory Application / Direction/order Regarding Exhibits in Appeal Proceedings

Legal Issues

  1. 1 Whether a solicitor's lien can be asserted over exhibits required for the preparation of appeal books in appellate proceedings
  2. 2 Whether exhibits must be delivered up or lodged with the Court of Appeal despite an outstanding costs dispute

Ratio Decidendi

To enable prosecution of the appeal, the exhibits must be made available to the Court of Appeal, notwithstanding any alleged solicitor's lien for unpaid costs.

Court Disposition

Application granted. Exhibits to be lodged with Court of Appeal Registry; defendant to pay plaintiff's costs of the summons, but payment may be delayed pending overall costs agreement.

Orders

  • Defendant Michelle Sillar, solicitors, to lodge the exhibits held by them with the Court of Appeal Registry by 4:00pm on 11 April 1997.
  • If any exhibits are not in the custody of the defendant solicitors (but ordinarily would have been), they are to advise the plaintiff accordingly.