Riabkoff v Abenergy Properties Pty Ltd [2012] NSWSC 724

Supreme Court New South Wales

Medium Neutral Citation: Riabkoff v Abenergy Properties Pty Ltd [2012] NSWSC 724 Hearing dates: 27 June 2012 Decision date: 29 June 2012 Jurisdiction: Equity Division - Duty List Before: Stevenson J Decision: Interpleader entitled to indemnity costs payable from funds held as stakeholder Catchwords: Interpleader - whether costs should be on indemnity basis - whether costs payable from fund held Legislation Cited: Civil Procedure Act 2005 Legal Profession Act 2004 Supreme Court Rules 1970 Trustee Act 1925 Uniform Civil Procedure Rules 2005 Cases Cited: Harrison v Schipp (2002) 54 NSWLR 738 Kennett v Charlton [2007] NSWSC 190 McPherson, Thom & Co v Sandhurst and Northern District Trustees, Executors and Agency Co Ltd [1929] VLR 295 Rockeagle Ltd v Alsop Wilkinson [1992] Ch. 47 Category: Costs Parties: Michael Riabkoff (plaintiff) Abenergy Properties Pty Ltd (first defendant) Paul Young Taek Chong (second defendant) Representation: Counsel: H Somerville (plaintiff) S Reuben (first defendant) C R Ireland (second defendant) Solicitors: P Tomlinson (plaintiff) Dahan Lawyers (second defendant) File Number(s): SC 2012/103099

Judgment 1This judgment is concerned with the costs of Mr Paul Young Taek Chong ("Mr Chong"), solicitor, and principal of the practice Dahan Lawyers, arising from his Notice of Motion filed 11 May 2012 seeking relief by way of interpleader pursuant to r 43.2 of the Uniform Civil Procedure Rules 2005 ("UCPR"). 2On 23 May 2012, by consent, the Registrar made an order that Mr Chong was, in the circumstances that I will outline below, entitled to interpleader. 3The question of costs was referred to me as Duty Judge on 27 June 2012. 4Mr Chong seeks orders that: - (1)the plaintiff, Mr Michael Riabkoff ("Mr Riabkoff"), and the first defendant, Abenergy Properties Pty Ltd ("ABE"), pay Mr Chong's costs of the proceedings; (2)the Court make a gross sum order pursuant to s 98(4)(c) of the Civil Procedure Act 2005 fixing those costs at $18,842; (3)Mr Chong be paid that sum from the $100,000 held by him in his trust account as stakeholder for Mr Riabkoff and ABE; and (4)Mr Chong pay the balance of $1,158 into court within seven days.