The Trust Company Limited v Kebab King Australia Pty Ltd [2015] NSWSC 513

Supreme Court New South Wales

Medium Neutral Citation: The Trust Company Limited v Kebab King Australia Pty Ltd [2015] NSWSC 513 Hearing dates: 01 May 2015 Decision date: 08 May 2015 Before: Ball J Decision: See paragraphs 25 to 27 of this judgment. Catchwords: PRACTICE AND PROCEDURE – application to vary consent orders – no questions of principle Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Paris King Investments Pty Ltd v Rayhill [2006] NSWSC 578 Short v Crawley (No 42) [2009] NSWSC 1110 Category: Procedural and other rulings Parties: The Trust Company Limited ACN 004 027 749 (Plaintiff) Kebab King Australia Pty Ltd ACN 131 363 669 (First Defendant) Canan Boga (Second Defendant) Nimet Boga (Third Defendant) Representation: Counsel: S B Docker (Plaintiff) P Folino-Gallo (Second Defendant)

Solicitors: Lander & Rogers (Plaintiff) Prime Lawyers (Second Defendant) File Number(s): 2014/74265 Publication restriction: None

Judgment

Introduction 1. By a notice of motion filed on 5 March 2015, the second defendant (Mrs Boga) seeks orders varying consent orders made on 8 January 2015. The effect of the orders now sought would be that the balance of the proceeds of sale of a property owned by Mrs Boga (which had been paid into an account jointly controlled by the solicitor for the plaintiff (Trust Company) and the solicitor for Mrs Boga) would be available to pay Mrs Boga's legal expenses of these proceedings. The amount held in the account is approximately $106,000.