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Application for delivery of files from solicitor following termination of retainer; the respondent was entitled to insist upon his lien on the basis that the appellant had terminated the retainer without good cause, and had not offered the respondent sufficient security for payment of his fees and outlays to warrant the making of an order inconsistent with the lien asserted by the respondent; application dismissed: Douglas J.
Appeal Determined (QCA)
[2008] QCA 50 [2008] 2 Qd R 72
07 Mar 2008
Appeal against dismissal of application against former solicitors to delivery papers relating to file; where a solicitor has terminated the retainer without good cause the court will not, in seeking to strike an equitable balance, be overly fastidious to ensure the adequacy of the former solicitor's security for his or her fees; appeal allowed: Keane and Muir JJA and Mullins J.
Appeal Status
Appeal Determined (QCA)
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