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.