MAVRIDEROS v MACK [1998] NSWCA 286

MAVRIDEROS v MACK

SUPREME COURT OF NEW SOUTH WALES - COURT OF APPEAL

5 PRIESTLEY, SHELLER and BEAZLEY JJA

22 October 1998

[1998] NSWCA 286 Priestley, Sheller JA and Beazley JJA Orders as below.

1. 2.

3.

Appeal allowed;

Set aside the order of Young J dismissing the proceedings and ordering the appellant to pay the costs thereof;

That within 45 days the respondent file, verify and pass his accounts and make any claim for commission in respect of the estate, and thereafter prosecute expeditiously his application to have his accounts and any commission assessed;

That until the assessment of the respondent's accounts and any claim for commission the respondent not deduct from the estate account any moneys in payment of legal costs and expenses;

That the respondent forthwith repay the estate the sum of $26,061.40 deducted from the estate account on 6 February 1998 as costs in respect of 'the Equity proceedings'; 6. Within 14 days the respondent make a further interim distribution to the appellant in the sum of $65,000; Within 14 days the respondent make a further interim distribution to the appellant in the sum of $65,000;

The respondent to pay the costs of the proceedings before Young J and of this appeal without recourse to the estate but to have a certificate under the Suitors' Fund Act if so qualified.