Ratkovic v Hadzic [2019] NSWSC 1627

COSTS – costs of and incidental to a notice of motion filed by the plaintiff – where settlement reached between the plaintiff and the defendant and the notice of motion was not dealt with on its merits – where term of the settlement was that the plaintiff was to bear the burden of any order for costs made in favour of the respondent in relation to the plaintiff’s notice of motion – held appropriate to make a gross sum costs order.

Madeleine Bridgett represented the defendant.

The reasons for the decision can be found here.

MACURA V SARASEVIC (NO.2) [2019] NSWSC 1621

CIVIL PROCEDURE - Notice of Motion - Application by law firm seeking declaratory relief and claiming an equitable lien over a settlement sum that had been paid in court - where the applicant was the law firm acting for the plaintiff - where the applicant’s legal fees remain outstanding - where motion dealt with after determination of the substantive issue in the proceedings - whether the applicant had standing - whether an equitable lien had arisen in present case - whether the applicant was instrumental in obtaining the settlement result - held there was a sufficient causal link between the applicant’s efforts and the settlement result - equitable lien established.

Kirralee Young represented the Applicant on motion.

Reasons for the decision can be found here.