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Jailed pizza shop franchisee takes on Law Society for $95k
An owner of a burnt-down pizza shop has taken the NSW Law Society to court over claims he lost over $95,000 in trust money as a result of his former lawyer’s “defaults”.
Naomi Neilson
Following a 2013 fire that burnt down a pizza shop, operating under a franchise agreement with Eagle Boys Dial-A-Pizza Australia, Eco-Pact and “alter ego” Brian Meknas has attempted to reclaim $96,488 paid to its former lawyer from the Law Society’s Fiduciary Fund.
In 2021, Eco-Pact filed a claim against the Law Society, but the application was dismissed, and it was ordered to pay costs. The primary judge concluded the $96,488 was not trust money.
Mr Meknas then attempted to appeal this decision, but a registrar ordered that to continue, Eco-Pact would need to pay the Law Society security for costs in the amount of $35,000.
Recently, Eco-Pact applied to have the order set aside.
At the commencement of the hearing, Eco-Pact requested an adjournment because its solicitor “needed more time to obtain evidence”. It also submitted that if the order was not set aside, the proceedings would be “stultified”, given Mr Meknas had been jailed.
The adjournment request was denied.
“Eco-Pact had ample time between the foreshadowing of the security application and the hearing before the registrar to obtain relevant bank statements to provide evidence of stultification.
“The adjournment sought would result in vacation of the hearing date, which would occasion further costs … and would cause disruption to the administration of justice,” the registrar concluded.
Referring to the review application, the registrar found the appeal is arguable, but it is not appropriate to assess its prospects further.
They also found there was no error taken by the registrar who made the security for costs order and this still stands.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
