Fleming & Anor v Bobb & Ors [2012] NSWSC 826

Supreme Court New South Wales

Medium Neutral Citation: Fleming & Anor v Bobb & Ors [2012] NSWSC 826 Hearing dates: 20 June 2012 Decision date: 20 June 2012 Before: White J Decision: Refer to para [18] of judgment. Catchwords: PRACTICE AND PROCEDURE - application for payment of moneys presently held in court - whether plaintiffs are beneficial owners of moneys paid into court - fund represents funds held on trust arranged to be invested offshore by plaintiffs through defendants - at all material times instructions in relation to investments given to the defendants by the plaintiffs - moneys restored by being paid into court - held plaintiffs as beneficial owners of moneys

PRACTICE AND PROCEDURE - application for payment of moneys presently held in court - whether orders for payment of funds should be conditional on any objection by the Commissioner of Taxation - voluntarily disclosure statement submitted by plaintiffs to Australian taxation Office Category: Principal judgment Parties: John Desmond Fleming (1st Plaintiff) Brian William Bartlett (2nd Plaintiff) Richard Bobb (1st Defendant) Keo Chui (2nd Defendant) Yu Shing Group Ltd (3rd Defendant) Representation: Counsel: D L Williams SC with A Korakis (Plaintiffs) N Cotman SC with D K L Raphael (1st Defendant) A M Gruzman (2nd Defendant) Solicitors: Gells Lawyers (1st Defendant) Savio Solicitors (2nd Defendant) File Number(s): 2009/289966