Enyo Lawyers Pty Ltd v Island Resorts (Facilities and Equipment) Pty Ltd [2026] QCA 133 — Corporations & Receivers, Controllers And Managers — Barrister AI
Enyo Lawyers Pty Ltd v Island Resorts (Facilities and Equipment) Pty Ltd
where the third respondent is a community title scheme
Quick Take
1A solicitor's equitable lien (particular lien) over costs orders obtained through the solicitor's exertions arises at the time the costs order is made, not upon recovery of funds, and the court may make orders to protect that lien even before a fund is created, provided the costs orders are identifiable choses in action that a receiver is authorised to enforce.
2The solicitor's particular lien is confined to monies recovered pursuant to the specific costs orders that are the fruits of the solicitor's litigation efforts; it does not extend to general funds raised by a receiver through other means such as contribution levies.
3Where a receiver is appointed to recover all assets of a body corporate including choses in action such as costs orders, a former solicitor with an equitable lien is entitled to seek court orders granting priority over monies recovered in enforcement of those specific costs orders, notwithstanding that no fund yet exists.
