Joseph Gambino v Johansson Services Pty Limited trading as Contested Wills & Probate Lawyers [2016] NSWSC 1582

Supreme Court New South Wales

Medium Neutral Citation: Joseph Gambino v Johansson Services Pty Limited trading as Contested Wills & Probate Lawyers [2016] NSWSC 1582 Hearing dates: Monday, 12 September 2016 Date of orders: 12 September 2016 Decision date: 12 September 2016 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Notice of motion dismissed. Defendant pay plaintiff sum of $113,770. Defendant pay plaintiff's costs of proceedings. Respondents pay one half of defendant's costs of proceedings, including costs of proceedings which defendant must pay plaintiff. Catchwords: PROCEDURE – judgments and orders – Enforcement of judgments and orders – where defendant holds plaintiff's money in trust account – where garnishee order purportedly served on defendant requiring payment of that money to respondents – where garnishee order later set aside – where plaintiff claims payment of remainder of money held in trust – interpleader application requiring payment of claimed amount into court – respondents and defendant do not oppose judgment in favour of plaintiff – interpleader application dismissed

COSTS – which of defendant and respondents should bear costs where plaintiff totally succeeds – where respondent contributed to claim for interpleader relief – held, respondents equally responsible with defendant Legislation Cited: (NSW) Civil Procedure Act 2005, s 124 Category: Procedural and other rulings Parties: Joseph Gambino (plaintiff) Johansson Services Pty Limited trading as Contested Wills & Probate Lawyers (defendant) John Bernard Feitelson (first respondent) Twin Properties Pty Limited (second respondent) Representation: Counsel: M P Cleary (plaintiff) S Clemmett (defendant) G W McGrath SC (respondents)