AUDREY FRANCIS HALL as executrix of the estate of KENNETH DUNCAN HALL v CHIN

[2008] WASC 255

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary judgment
3. › Application by plaintiff
4. › Whether defendants disclosed arguable defence
5. › Whether judgment ought be entered
1. Real Property
2. › Torrens system
3. › Priority of interests
4. › First registered mortgage
5. › Whether solicitor's statutory lien under s 244 Legal Practice Act 2003 (WA) has priority over prior registered mortgage
6. › Whether unregistered interest subordinate to first registered mortgage
1. Legal Profession
2. › Solicitor's lien
3. › Statutory charge under s 244 Legal Practice Act 2003 (WA)
4. › Salvage principle
5. › Whether lien arises where solicitor did nothing to preserve mortgaged property

Quick Take

A solicitor's statutory lien under s 244 of the Legal Practice Act 2003 (WA) does not arise so as to defeat a prior registered mortgage where the solicitor has done nothing to preserve the mortgaged property. The statutory lien operates as a salvage provision and requires the solicitor to have recovered or preserved property through their work before any charge can attach.