Khalifeh v Rahme & Anor [2009] NSWSC 1332

New South Wales Supreme Court

CITATION : Khalifeh v Rahme & Anor [2009] NSWSC 1332

HEARING DATE(S) : 26 June 2009; 1-2 July 2009; 28 October 2009

JUDGMENT DATE : 1 October 2009

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

Short minutes of order made on 28 October 2009: 1. The first and second defendants pay the sum of $16714.50 to their solicitor Champion Legal forthwith on account of legal fees. 2. Both parties to exchange a proposal to allow the business of the second defendant to be reactivated by 3 November 2009. DECISION : 3. The Defendant to file and serve any further affidavit upon which he intends to rely upon by 20 November 2009. 4. The Defendant to serve and provide to the associate any further submission in support by 24 November 2009. 5. The Plaintiff to serve and provide to the associate any submission in reply by 30 November 2009. 6. The matter to be stood over to 2 December 2009 for further hearing before Slattery J. 7. Liberty to apply on 1 days notice. 8. This order may be taken out forthwith.

CATCHWORDS : EQUITY - equitable remedies - freezing orders - application to amend existing freezing orders to permit payment of defendant's legal expenses and business expenses - proven legal fees reasonable and freezing orders varied - insufficient material available to provide for variation to freezing orders to allow payment of the defendant's business expenses

CATEGORY : Principal judgment

Cretanor Maritime Co Limited v Irish Marina Limited (1978) 1 WLR 966 Dumas v Macintosh (2002) NSWSC 713 Frigo v Culhaci [1998] NSWCA 88 CASES CITED : Galaxia Maritime SA v Mineral Import Export (VT "Eleftherios") (1982) 1 WLR 539 Jackson v Sterling Industries Limited (1987) 64 CLR 612 PCW (Underwriting Agencies) Limited v Dixon (1986) 69 ALR 92 Riley McKay Pty Limited v McKay (1982) 1 NSWLR 264