Wilson v Gilles [2020] NSWSC 657

Supreme Court New South Wales

Medium Neutral Citation: Wilson v Gilles [2020] NSWSC 657 Hearing dates: 20 May 2020 Date of orders: 20 May 2020 Decision date: 20 May 2020 Jurisdiction: Equity Before: Rees J Decision: Refuse to order solicitors to pay money in trust account to husband, in absence of direction also from wife Catchwords: LEGAL PROFESSION – trust accounts – monies held for two clients – husband and wife, separated – sell former matrimonial home – instruct solicitors to hold proceeds in trust account until they agree what to do – husband seeks his share of proceeds – no consent from wife – solicitor cannot pay monies without direction from both – whether to order otherwise – refuse order Legislation Cited: Interpretation Act 1987 (NSW), s 8(b) Legal Profession Uniform Law (NSW), Rule 8.1, ss 135(1), 138 Australian Conduct Rules 2015 (NSW), rr 36(2)(e), 44(1)(e) and (f) Cases Cited: Australian Broadcasting Commission v Lenah Game Meats Pty Limited (2011) 208 CLR 199 Price v ACN 627087030 Pty Limited t/as Yates Beaggi Lawyers [2020] NSWSC 584 Simone v Kola (No 2) [2017] NSWSC 821 Wexford Pty Limited v Praveen Meckraj Doolub [2008] NSWSC 1233 Category: Principal judgment Parties: Paul Wilson (Plaintiff) Joseph Gilles (First Defendant) Gregory Eliades (Second Defendant) Rena Wilson (Third Defendant) Representation: Counsel: Mr G George (Plaintiff) Mr L Fermanis (First and Second Defendants) Mr J Horowitz (Third Defendant)