Abdul-Karim v Attorney General's Department [1999] NSWSC 79

Abdul-Karim v Attorney General's Department [1999] NSWSC 79

A barrister cannot have a lien over funds recovered by a client pursuant to a costs certificate when the underlying costs agreement is void and it is not shown on the balance of probabilities that the barrister's work produced the fund; further, policy reasons under the Legal Profession Act 1987 (NSW) preclude recognising the lien where the agreement sought to fix costs as a proportion of recovery.

Jurisdiction
Australia
Judgment Date
10 February 1999
Procedural Posture
Civil / Judgment at First Instance
Outcome
proceedings dismissed with costs
Legal Topics
['unenforceable Costs Agreement' "barrister's Lien" 'legal Profession Act 1987 (nsw) S 18' 'costs in Criminal Cases Act 1967 (nsw)']
['procedure' 'costs' 'professional Regulation'] ['unenforceable Costs Agreement' "barrister's Lien" 'legal Profession Act 1987 (nsw) S 18' 'costs in Criminal Cases Act 1967 (nsw)']

Case Brief

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Procedural Posture

Civil / Judgment at First Instance

Legal Issues

  1. 1 ['Whether a barrister can claim a lien over funds recovered for costs under an unenforceable costs agreement' 'Whether the costs agreement was void or unenforceable under the Legal Profession Act 1987 (NSW)' "Whether Mr Abdul-Karim's efforts produced the fund in respect of which the lien is claimed"]

Ratio Decidendi

A barrister cannot have a lien over funds recovered by a client pursuant to a costs certificate when the underlying costs agreement is void and it is not shown on the balance of probabilities that the barrister's work produced the fund; further, policy reasons under the Legal Profession Act 1987 (NSW) preclude recognising the lien where the agreement sought to fix costs as a proportion of recovery.

Court Disposition

proceedings dismissed with costs

Orders

  • ['Proceedings dismissed with costs to the second defendant.' 'Second defendant at liberty to apply to a Master to assess damages resulting from the interim injunction, provided notice of motion is filed by 11 March 1999.' 'No costs order as between John McEncroe and other parties due to resolution between them.'...