Paul v Girgis [2013] NSWSC 1725

Supreme Court New South Wales

Medium Neutral Citation: Paul v Girgis [2013] NSWSC 1725 Hearing dates: 21 November 2013 Decision date: 21 November 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. I order pursuant to Rule 25.3 UCPR that the Defendant pay $120,000 from the proceeds of sale of the property at 50 Honiton Avenue, Carlingford into Court pending the finalisation of court proceedings and the costs assessment process. 2. I vacate the hearing of the proceedings fixed for 5 December 2013. 3. I dismiss the Defendant's Notice of Motion filed 21 November 2013. 4. I stand the proceedings over to 5 February before me at 9.30. 5. I reserve the costs of today and also the costs of vacating the hearing. 6. I grant liberty to apply on two day's notice in term time to me and, if any issue arises during vacation, liberty to apply on two day's notice to the vacation judge Catchwords: PROCEDURE - costs - settlement of sale of property - costs payable out of sale pursuant to mortgage - application by mortgagor for costs assessment - whether stay under s 355 Legal Profession Act 2004 - whether order can be made to pay funds into court - whether application for costs assessment made in accordance with the Act Legislation Cited: Legal Profession Act 2004 Uniform Civil Procedure Rules Category: Interlocutory applications Parties: Michael Antony Paul (First Plaintiff) Carly Jane Middleton (Second Plaintiff) Marcelle Girgis (Defendant) Representation: Counsel: S Chapple (Plaintiffs) In person (Defendant) Solicitors: Paul & Paul Lawyers (Plaintiffs) In person (Defendant) File Number(s): 2013/140580