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  • Unreported Judgment

Whitehouse v Ross

 

[2006] QSC 176

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Appeal No 575 of 2004

JEFFREY GEORGE WHITEHOUSE AND MILLER HARRIS LAWYERS

Plaintiffs

and

 

JULIA RENAE ROSS

Respondent

CAIRNS

DATE 26/05/2006

JUDGMENT

HIS HONOUR: This is an application by solicitors to be paid, out of the settlement sums previously ordered to be paid into Court, fees and costs incurred in respect of acting for the applicant, Jeffrey George Whitehouse in proceedings number 575/2004 Cairns Registry.

The fees and costs sought by the solicitors has been independently assessed by a cost assessor and that assessment is in the amount of $23,093.50. Of that amount, the solicitors acknowledge that they have been paid $3,312.32, leaving a balance of $19,781.18 due and owing to them in respect of their work in the application.

The claim is made under the principle that the solicitors have an equitable right to the settlement moneys under the principle often described as the “fruits of litigation”. The settlement which the solicitors had arranged was for the sum of $50,000 to be paid to Mr Whitehouse. Part of that settlement money was paid into Court. The total amount paid into Court was exceeding $23,000.

Mr Whitehouse, I am satisfied, has been made aware of the claim made by the solicitors and made aware of this application, such appears from the correspondence which is annexed to the affidavits of Mr Keogh and Mr Laycock and the affidavit of Rosemary Davies.

Mr Whitehouse failed to appear today when the matter was called on and I have determined to proceed with the application in his absence.

I am satisfied that the applicants do have an equitable right to receive their costs from the settlement funds which are currently held in Court and I will make orders in terms of a draft which I will now initial and place with the papers.

That order will be also that Mr Whitehouse pay the costs of an incidental to this application on a standard basis and that the amount of the assessed costs be paid out to the solicitors, Miller Harris, from the funds held in Court.

I have chosen that draft order rather than the alternative order of requiring the assessment of the costs.

MR LAYCOCK: The first one, thank you, your Honour.

HIS HONOUR: There seems to be no point wasting more money having a further assessment of costs.

MR LAYCOCK: Certainly, your Honour, thank you.

HIS HONOUR: Yes, thank you.

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Editorial Notes

  • Published Case Name:

    Jeffrey George Whitehouse and Miller Harris Lawyers v Julia Renae Ross

  • Shortened Case Name:

    Whitehouse v Ross

  • MNC:

    [2006] QSC 176

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    26 May 2006

Litigation History

No Litigation History

Appeal Status

No Status