Leamey v Evatt [2018] NSWSC 498

Supreme Court New South Wales

Medium Neutral Citation: Leamey v Evatt [2018] NSWSC 498 Hearing dates: 13 April 2018 Decision date: 27 April 2018 Jurisdiction: Equity Before: Robb J Decision: See paragraphs [92] to [97] Catchwords: COSTS — Interpleader proceedings — solicitor stakeholder – distribution of costs paid by unsuccessful party to successful party for barristers' fees to barristers briefed by the successful party —entitlement of three barrister claimants to fund held on trust as between the three claimants – whether the claimants expressly or impliedly agreed how the fund should be divided

EQUITY — General principles — Rules and maxims of equity — "equity is equality" –– fund to be distributed in fair proportions between three claimants Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Civil Procedure Act 2005 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law (NSW) Cases Cited: Burrell Solicitors Pty Ltd v Reavill Farm Pty Ltd [2016] NSWSC 303 Lutheran Church of Australia South Australia District Incorporated v Farmers' Co-operative Executors and Trustees Ltd (1970) 121 CLR 628; [1970] HCA 12 Re Baden's Deed Trusts; McPhail v Doulton [1971] AC 424 Amir Ashrafinia v Mohammad Reza Ashrafinia; Parvaneh Karami Fakhrabadi v Mohammad Reza Ashrafinia (No. 4) [2014] NSWSC 676 Australian Incentive Plan Pty Ltd v Attorney-General for Victoria (2012) 44 VR 661; [2012] VSCA 236 Texts Cited: Meagher, Gummow and Lehane's Equity Doctrines & Remedies, fifth edition (2015) Category: Procedural and other rulings Parties: David Leamey (Plaintiff) Clive Evatt (First Defendant) Roger Rasmussen (Second Defendant) Christopher Dibb (Third Defendant) Representation: Counsel: J T Johnson (First and Second Defendants) E Graham (Third Defendant)