Guiseppe Santamaria v Paul Desmond Sweeney Paul Desmond Sweeney as Trustee of the Bankrupt Estate of Natasha Grace and Luke Conrad v Guiseppe Santamaria [2012] NSWSC 1154

Supreme Court New South Wales

Medium Neutral Citation: Guiseppe Santamaria v Paul Desmond Sweeney Paul Desmond Sweeney as Trustee of the Bankrupt Estate of Natasha Grace and Luke Conrad v Guiseppe Santamaria [2012] NSWSC 1154 Hearing dates: 19 September 2012 Decision date: 19 September 2012 Jurisdiction: Equity Division Before: Lindsay J Decision: 1. Order that there be paid out of funds in Court to the plaintiffs an amount representing the sum of legal fees and remuneration of the plaintiffs, as trustees in bankruptcy, referable to work done in securing the payment of funds into Court. 2. Order that the plaintiffs' costs assessed on the indemnity basis be paid out of the funds in Court. 3. Directions for conduct of the proceedings generally. Catchwords: PROCEDURE - Supreme Court Procedure - New South Wales - Procedure under Rules of Court - Funds in Court - Payment out of Funds in Court Legislation Cited: Civil Procedure Act 2005, s 98

Uniform Civil Procedure Rules 2005 r 2.22 and r 42.25 Cases Cited: In Re Universal Distributing Company Ltd (In Liquidation) (1933) 48 CLR 171 at 174. Dean-Willcocks v Nothintoohard Pty Ltd (In Liquidation) [2006] NSWCA 311 at paragraphs 9-11 66-76 92 and 100. Shirlaw v Taylor (1991) 31 FCR 222 at paragraph 23. Category: Procedural and other rulings Parties: Guiseppe Santamaria (Plaintiff) Paul Desmond Sweeney (Defendant) Paul Desmond Sweeney as Trustee (Plaintiff) Guiseppe Santamaria (Defendant) Representation: R White (Plaintiff) J Baird (Defendant) J Baird (Plaintiff) R White (1st Defendant) JC McDonald (2nd & 3rd Defendants) Lillas Loel Lawyers (Plaintiff) Grace Lawyers (Defendant) Grace Lawyers (Plaintiff) Lillas Loel Lawyers (1st Defendant) JC McDonald (2nd & 3rd Defendants) File Number(s): 2011/00282226 / 2012 / 00057857