Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd t/as AK Properties Group ABN 62 971 068 965 (No 7) [2024] NSWSC 757

Supreme Court New South Wales

Medium Neutral Citation: Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd t/as AK Properties Group ABN 62 971 068 965 (No 7) [2024] NSWSC 757 Hearing dates: 19 June 2024 Date of orders: 19 June 2024 Decision date: 19 June 2024 Jurisdiction: Equity - Duty List Before: Meek J Decision: Order for payment of funds into Court pending any application for the funds to be paid out. Costs reserved. Catchwords: JUDGMENTS AND ORDERS — Enforcement — Garnishee orders — Application by judgment creditors seeking garnishee order against solicitors of judgment debtor, in context where freezing order made over funds in their trust account from proceeds of sale of judgment debtor's property — Whether garnishee order was apt in the context of moneys that had been paid into a trust account, and which may relate to a debt as between the proposed garnishee and the judgment debtor JUDGMENTS AND ORDERS — Enforcement — Garnishee orders — Whether garnishee order appropriate in context where solicitors claimed lien over funds in trust account — Lack of details or evidence of any moneys over which solicitors had at least claimed to have a lien — Lack of details or materials referable to costs agreement between judgment debtor and his solicitors to establish nature of any purported lien — Whether claims for legal fees were brought to the attention of the Court in making freezing order over the funds JUDGMENTS AND ORDERS — Payment of funds into Court — Whether funds in judgment debtor's solicitors' trust account ought to be paid into Court, in context where there are claims by both judgment creditors and judgment debtor's solicitors — Held payment of funds into Court should be made, so as to ensure that the funds are held in a way such that the respective claims can be properly ventilated and not prejudice any rightful claim in respect of any lien Cases Cited: Atidote Pty Ltd t/as Harcourts, The Property People Sydney v Mohammad Najjar as receiver & manager of Trinity Investments (NSW) Pty Ltd (receiver & manager appointed) [2024] NSWSC 206 Kazzi v KR Properties Global Pty Ltd t/as AK Properties Group [2024] NSWCA 143 KR Properties Global Pty Ltd (ACN 602 693 729) t/as AK Properties Group (ABN 62 971 068 965) v Kazzi [2024] NSWCA 141 Category: Procedural rulings Parties: Oxford (NSW) Pty Ltd (Plaintiff / First Cross-Defendant) KR Properties Global Pty Ltd t/as AK Properties Group ABN 62 971 068 965 (First Defendant / First Cross-Claimant / First Applicant) AS Coaching Pty Ltd atf Calm Properties Unit Trust ABN 19 756 796 114 t/as AK Properties Group ABN 62 971 068 965 (Second Defendant / Second Cross-Claimant / Second Applicant) Elankeeren Eswaran (Third Defendant / Third Cross-Claimant) Ashay Sharma (Fourth Defendant / Fourth Cross-Claimant) Pierre Kazzi (Second Cross-Defendant) Representation: Counsel: J Horowitz (First and Second Applicants / First and Second Cross-Claimants) S Scott (Proposed garnishee – named as being affected by the orders)