Firth v Centrelink & Anor (No2) [2002] NSWSC 850

Firth v Centrelink & Anor (No2) [2002] NSWSC 850

Twigg v Kung concerned a lien claim against a person who had paid away the relevant fund and therefore required clear notice before payment; the present case concerned the Commonwealth, which still held the money. Because the equities against the Commonwealth were to be judged as at the present time and were not cut down by Twigg v Kung, there was no basis to re-open the earlier argument. Although the plaintiff had pursued some unsuccessful or unavailable claims, the plaintiff ultimately succeeded, so the second defendant was ordered to pay 75 per cent of the plaintiff's costs.

Jurisdiction
Australia
Judgment Date
11 September 2002
Procedural Posture
Equity Proceedings Concerning a Solicitor's "fruits of the Action" Lien / Application by the Commonwealth for Leave to Re Open Argument After Judgment, and Argument on Costs
Outcome
Leave to re-open argument refused; the second defendant was ordered to pay 75 per cent of the plaintiff's costs.
Legal Topics
["solicitor's Lien" 'fruits of the Action Lien' 'notice of Equitable Lien' 'bona Fide Purchaser for Value Without Notice' 'costs']
['equity' 'professions and Trades'] ["solicitor's Lien" 'fruits of the Action Lien' 'notice of Equitable Lien' 'bona Fide Purchaser for Value Without Notice' 'costs']

Case Brief

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Procedural Posture

Equity Proceedings Concerning a Solicitor's "fruits of the Action" Lien / Application by the Commonwealth for Leave to Re Open Argument After Judgment, and Argument on Costs

Legal Issues

  1. 1 ["Whether Twigg v Kung [2002] NSWCA 220 justified re-opening argument on the Commonwealth's liability under a solicitor's lien." "What notice is required to enforce a solicitor's lien against a person who has paid away the fund, as distinct from a person who still holds the fund." 'What costs order should be made where the plaintiff succeeded against the second defendant but pursued claims against Centrelink and administrative law grounds that were not available.']

Ratio Decidendi

Twigg v Kung concerned a lien claim against a person who had paid away the relevant fund and therefore required clear notice before payment; the present case concerned the Commonwealth, which still held the money. Because the equities against the Commonwealth were to be judged as at the present time and were not cut down by Twigg v Kung, there was no basis to re-open the earlier argument. Although the plaintiff had pursued some unsuccessful or unavailable claims, the plaintiff ultimately succeeded, so the second defendant was ordered to pay 75 per cent of the plaintiff's costs.

Court Disposition

Leave to re-open argument refused; the second defendant was ordered to pay 75 per cent of the plaintiff's costs.

Orders

  • ['The application to re-open the argument was rejected.' 'The second defendant is to pay 75 per cent of the costs of the plaintiff.' 'Otherwise, orders were made in accordance with short minutes of order initialled and dated by Campbell J.']