Elford v Minty [2017] NSWSC 1455

Supreme Court New South Wales

Medium Neutral Citation: Elford v Minty [2017] NSWSC 1455 Hearing dates: 1 September 2017 Date of orders: 27 October 2017 Decision date: 27 October 2017 Jurisdiction: Equity Before: Slattery J Decision: Payment out of part of the funds in Court up to $50,000 permitted. Costs reserved. Catchwords: PRACTICE AND PROCEDURE – joint venture dispute – plaintiff seeks the taking of joint venture accounts - application for the payment of money out of Court – the first defendant paid $375,000 into Court in April 2015 pending final determination of the proceedings – payment made in settlement of interlocutory application – plaintiff claims beneficial interest in defendants' properties - protracted legal proceedings - proceedings referred out to a referee for the taking of partnership accounts – applicant/first defendant seeks payment out of Court from the funds in Court of the sum of up to $100,000 to pay legal fees – whether an allowance on account of the first defendant's legal fees should be permitted to be taken from the funds in Court - whether the applicant/first defendant has other sources of funds to pay his legal fees. Legislation Cited: Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Civil Procedure Act 2005 Corporations Act 2001 (Cth) Family Law Act 1975 (Cth) Real Property Act 1900 Uniform Civil Procedure Rules 2005, r 41.3 Cases Cited: A v C (No. 2) [1981] QB 961 Clout (Trustee) v Anscor Pty Ltd [2001] FCA 174 Goumas v MacIntosh [2002] NSWSC 713 Category: Procedural and other rulings Parties: Proceedings: Plaintiff/First Cross-defendant: Thomas Henry Elford Second Plaintiff: Telford Locums Pty Ltd (ACN 108 738 727) First Defendant: Marcus James Minty Second Defendant/First Cross-claimant: Michael Frederick Minty Third Defendant/Second Cross-claimant: Jennifer Louise Minty Second Cross-defendant: Telford Locums Pty Ltd