Abed v State of New South Wales & Ors [2013] NSWDC 179

District Court New South Wales

Medium Neutral Citation: Abed v State of New South Wales & Ors [2013] NSWDC 179 Hearing dates: 7 August 2013 Decision date: 08 August 2013 Before: Neilson DCJ Decision: I order that the sum of $31,072.86, being part of the funds held in an interest bearing account by the Registrar, be paid forthwith to the trust account of Stojanovic Solicitors on account of the second and third defendants' further costs of the substantive proceedings I order that the funds paid to the said trust account be applied only the legal costs and disbursements of the second and third defendants in these proceedings I order that each party pay her, his or its own costs of the Notice of Motion filed 12 July 2013 Catchwords: CIVIL - Costs - Claim for wrongful arrest, false imprisonment and malicious prosecution - Federal Magistrates Court ordered market garden property occupied by Plaintiff and D2 and D3 to be sold - 40% of proceeds went to plaintiff, 30% went to each of D2 and D3 - D2 and D3 ordered to pay share of proceeds into Court, namely $437,154.54 - D2 and D3 sought and were granted release of $95,000 from monies paid into Court to pay for costs and disbursements in defending plaintiff's action - Substantive proceedings heard - Trial judge reserved judgment - D2 and D3 sought release of additional $45,000 for further costs and disbursements - Dismissed by another judge - D2 and D3 against seek sum of $45,000 - Quantum of plaintiff's damages, if successful, likely to exceed jurisdictional limit of the Court - Monies held in trust and subject to freezing order the only substantial assets of D2 and D2 - Until judgment is given, money remains that of D2 and D3 - Plaintiff's prospects of success and possible inability of D2 and D3 to satisfy judgment debt must be ignored - Issue of whether D2 and D3's costs are reasonable Cases Cited: Anglo-Eastern Trust Limited v Kermanshahchi [2002] EWHC 3152 Clark Equipment Credit of Australia Limited v Como Factors Pty Limited (1988) 14 NSWLR 552 Frigo v Culhaci [1998] NSWCA 88 Glenwood Management Group Pty Limited v Mayo [1991] 2 VR 49 Polly Peck International plc v Nadir (No.2) [1992] 4 All E.R. 769 Westpac Banking Corporation v McArthur [2007] NSWSC 1347 Category: Interlocutory applications Parties: Hayem Abed (Plaintiff) State of New South Wales (First Defendant) Khalil Younis (Second Defendant) Wafaa Younis (Third Defendant) Representation: Mr D Del Monte (Plaintiff) Mr G McGrath (Second and third defendants) Kheir Lawyers Pty Ltd (Plaintiff) Stojanovic Solicitors (Second and Third Defendants) File Number(s): 2009/338335