NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Mutokoyi v The Public Trustee of Queensland [2024] NSWSC 1005 Hearing dates: 7 August 2024 Date of orders: 7 August 2024 Decision date: 07 August 2024 Jurisdiction: Equity - Duty List Before: Kunc J Decision: Notice of motion for payment of funds out of court dismissed. Catchwords: COSTS — Solicitor/Client — Recovery — Solicitor's lien — Settlement proceeds paid into Court pending costs assessment Cases Cited: Cachia v Hanes (1994) 179 CLR 403 Drexler v Karabay [2014] NSWSC 1863 Category: Procedural rulings Parties: Partreck Mutokoyi (Applicant) Brazel Moore Lawyers Pty Ltd (Respondent) Representation: Counsel: AJ Merrett (Respondent)
Solicitors: Brazel Moore Lawyers (Respondent)
Other: Partreck Mutokoyi (Self) File Number(s): 2023/3426
EX TEMPORE JUDGMENT (REVISED)
Summary 1. This application concerns $90,000 currently held in Court (the Fund) in aid of the enforcement of a solicitor's lien over the fruits of an action. The applicant, Mr Partreck Mutokoyi, is the former client of the respondent solicitors, Brazel Moore Lawyers Pty Limited (BML). Mr Mutokoyi today appeared for himself. BML was represented by Ms AJ Merrett of Counsel. 2. By motion filed on 25 July 2024, Mr Mutokoyi seeks release of $43,920 from the Fund because he says, and it was not disputed by BML, that he is in severe financial distress. That distress is why the matter has been heard in the Duty List. For the reasons which follow, Mr Mutokoyi's motion will be dismissed.
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