Bartier Perry Pty Ltd; Application of Austin Ta De Investment Pty Ltd & Anor [2023] NSWSC 1203

Supreme Court New South Wales

Medium Neutral Citation: Bartier Perry Pty Ltd; Application of Austin Ta De Investment Pty Ltd & Anor [2023] NSWSC 1203 Hearing dates: 6 October 2023 Date of orders: 6 and 9 October 2023 Decision date: 09 October 2023 Jurisdiction: Equity - Duty List Before: Henry J Decision: (1) Pursuant to r 55.11 of the Uniform Civil Procedure Rules 2005 (NSW), direct that the amount of $67,994,748.63 paid into Court by the plaintiff in these proceedings, together with any accrued interest, be paid to the first applicant, Austin Ta De Investment Pty Ltd (ACN 670 205 697), forthwith. (2) These orders be entered forthwith. (3) Note that the exhibits to the affidavits have been returned to the applicants. Catchwords: CIVIL PROCEDURE — where funds paid into Court by plaintiff law firm in circumstances where retainer was unclear, amount of funds was significant and unclear as to who and on whose authority disbursement could be made — funds and accrued interest to be paid out of Court to first applicant Legislation Cited: Civil Procedure Act 2005 (NSW) Legal Profession Uniform Law 2014 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 Council of the City of Sydney v Baboon Pty Limited [2020] NSWSC 1480 National Australia Bank Ltd; Application of Avant Garde Investments Pty Ltd (rec apptd) (in liq) [2023] NSWSC 1153 Category: Principal judgment Parties: Austin Ta De Investment Pty Ltd (First Applicant) Eastern Eminent Ltd (Second Applicant) Representation: Counsel: S Prince SC and J Anderson (Applicants)