Evans & Ors t/as Shaw McDonald v Loxley [1999] NSWSC 593

Evans & Ors t/as Shaw McDonald v Loxley [1999] NSWSC 593

The plaintiffs are entitled to a lien over part of the fund recovered for the first defendant, limited to $4,300, as their work contributed significantly to the recovery of that fund, and there is a risk otherwise of non-payment. Only those amounts relating directly to this contribution are covered by the lien, pending assessment of the bill of costs in accordance with the law.

Parties
Plaintiff: Timothy Alexander David Evans & Ors t/as Shaw McDonald; First Defendant: Julia Loxley; Second Defendant: Paul G Lendvay
Jurisdiction
Australia
Judgment Date
04 June 1999
Procedural Posture
Civil / Judgment
Outcome
Partial order for lien granted
Legal Topics
Solicitor's Lien, Legal Costs, Professional Negligence, Bill of Costs
Equity Legal Profession Solicitor's Lien Legal Costs Professional Negligence Bill of Costs

Case Brief

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Parties

Timothy Alexander David Evans & Ors t/as Shaw McDonald

Plaintiff

Julia Loxley

First Defendant

Paul G Lendvay

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiffs are entitled to a solicitor's lien over funds due to the first defendant from the second defendant pending assessment of costs
  2. 2 Whether the bills sent by the plaintiffs comply with Legal Profession Act 1987 and its regulations so as to entitle plaintiffs to orders sought
  3. 3 Extent of work contributing to the fund over which the lien is sought

Ratio Decidendi

The plaintiffs are entitled to a lien over part of the fund recovered for the first defendant, limited to $4,300, as their work contributed significantly to the recovery of that fund, and there is a risk otherwise of non-payment. Only those amounts relating directly to this contribution are covered by the lien, pending assessment of the bill of costs in accordance with the law.

Court Disposition

Partial order for lien granted

Orders

  • The second defendant is to retain $4,300 of any moneys for verdict or costs otherwise due to the first defendant pending assessment of a proper bill of costs between the first defendant and the plaintiffs.
  • Liberty to apply for final orders reserved.