Sithakoul v Su

The case of Sithakoul v Su involved the applicant, Sithakoul, who sought documents from the file of their former solicitor, Su. Sithakoul had terminated the retainer with Su and subsequently offered to set aside a sum claimed from the proceeds of litigation if successful. Su, however, refused to provide the documents, citing the existence of a solicitor’s lien over the file. Sithakoul applied for an order that Su should deliver the documents, arguing that the offer constituted a reasonable security for the costs. The court was required to determine whether the offer by Sithakoul constituted a reasonable security for the costs and whether it was appropriate to order the release of the documents.

The court examined the principles governing solicitor’s lien and the circumstances under which documents may be released despite the existence of a lien. The key issue was whether Sithakoul's offer to set aside a sum from the litigation proceeds, if successful, constituted a reasonable security for the costs claimed by Su. The court considered the terms of the retainer, the nature of the offer made by Sithakoul, and the precedents concerning the release of documents in similar situations. The court held that Sithakoul’s offer did constitute a reasonable security for the costs, and that it was appropriate to order the release of the documents to Sithakoul.

In reaching its decision, the court noted that Sithakoul's offer provided a concrete and practical means for Su to secure their costs, which aligned with the principles of fairness and practicality in legal practice. The court was satisfied that the offer was sufficient to protect Su's interest in the litigation costs and that the release of documents would not prejudice Su's position. The court ordered that Su deliver the documents to Sithakoul and directed that costs be paid by Sithakoul to Su in accordance with the terms of the offer.

The final orders of the court were that Su deliver the documents to Sithakoul and that Sithakoul pay the costs of Su in accordance with the terms of the offer made by Sithakoul. The court’s decision provided clarity on the nature of reasonable security for costs in the context of a terminated retainer and reinforced the importance of practical and fair approaches in resolving disputes over solicitor’s lien.