NSW Caselaw
Reported Decision : 73 NSWLR 233
New South Wales Supreme Court
CITATION : The Law Society of New South Wales v Berro [2008] NSWSC 1135
HEARING DATE(S) : 27 October 2008
JUDGMENT DATE : 29 October 2008
JUDGMENT OF : Harrison J
DECISION : 1. Order that Bruce Gleeson the Official Liquidator of Millennium Investments Australia Pty Ltd forthwith pay to Jean Sayer pursuant to s 642 of the Legal Profession Act 2004 the sum of $126,763.99 and interest earned thereon since receipt of that sum on 29 January 2008. 2. I will hear the parties on the question of costs.
CATCHWORDS : SOLICITORS – breach of trust by solicitor - appointment of a receiver of a law practice – claim by receiver for funds held by official liquidator of company in possession of regulated property - whether receiver required to prove as an unsecured creditor – receiver entitled to funds to exclusion of creditors of the company
Corporations Act 2001 LEGISLATION CITED : Legal Profession Act 2004 Uniform Civil Procedure Rules 2005
CATEGORY : Principal judgment
CASES CITED : Pearl Bay Corporation Pty Ltd v Lodur Pty Ltd [2000] WASC 315; (2001) ACLC 982
PARTIES : The Law Society of New South Wales (Plaintiff) Brian Ibrahim Berro (Defendant)
FILE NUMBER(S) : SC 13338 of 2006
COUNSEL : R R Stitt QC (Plaintiff) A M Combe (Defendant)
SOLICITORS : L W Pierotti (Plaintiff) Matthews Folbigg Pty Ltd (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HARRISON J
29 October 2008
13338 of 2006 The Law Society of New South Wales v Brian Ibrahim Berro
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