S1 by her tutor S2 v T [2013] NSWDC 309

District Court New South Wales

Medium Neutral Citation: S1 by her tutor S2 v T [2013] NSWDC 309 Hearing dates: 12 September 2013 Decision date: 12 September 2013 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Plaintiff's notice of motion (filed 11 September 2013) granted in part. (2) The defendant is to deposit the sum of $40,000 into a controlled money account held by the defendant's solicitors, Greenfield Lawyers, until these proceedings have been finalised. (3) The defendant is not, in any way, to dispose of, deal with or diminish the value of his funds in the sum of $40,000 except: (a) to met any existing liability to X for legal fees of the defendant paid by X, to a maximum of $24,500; and (b) to meet any legal fees properly incurred in the defence of these proceedings. (4) Costs of the plaintiff's motion be costs in the proceedings. (5) Defendant's notice of motion (filed 12 September 2013) dismissed. Catchwords: FREEZING ORDER - agreement in respect of money held in trust by solicitor - whether plaintiff has a good arguable case - incurred liability - legal expenses Legislation Cited: Uniform Civil Procedure Rules 2005, r 25.14 Cases Cited: Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 Ninemia Maritime Corp v Trave Schiffahrtsgesellschaft mbH & Co KG; The Nidersachsen [1984] 1 All ER 398 Samimi v Seyedabadi; Seyedabadi v Samimi [2013] NSWCA 279 Category: Interlocutory applications Parties: S1 by her tutor S2 (plaintiff) T (defendant) Representation: Ms M Daniels (plaintiff) Carroll & O'Dea (plaintiff) Greenfield Lawyers Pty Ltd (defendant) File Number(s): 2013/149130 Publication restriction: Names of persons have been anonymised.