Burrell Solicitors Pty Limited (In Liquidation) v Reavill Farm Pty Limited (No.2) [2019] NSWSC 67

Supreme Court New South Wales

Medium Neutral Citation: Burrell Solicitors Pty Limited (In Liquidation) v Reavill Farm Pty Limited (No.2) [2019] NSWSC 67 Hearing dates: 2 February 2018 Date of orders: 14 February 2019 Decision date: 14 February 2019 Jurisdiction: Common Law Before: Garling J Decision: (1) Pursuant to s 471B of the Corporations Act 2001 (Cth), grant leave, nunc pro tunc, to the applicant BS Legal Pty Ltd to commence the proceedings constituted by the Notice of Motion filed on 8 November 2017 in each of the proceedings, 2013/255030 and 2013/255045, and to continue those proceedings. (2) Declare that Burrell Solicitors Pty Ltd has assigned and transferred to BS Legal Pty Ltd all of its right, title and interest in the judgments entered against the defendants on 22 August 2013, and any money presently owing or in the future becoming owed by the defendants pursuant to the judgment. (3) Order, pursuant to s 6.27 of the Uniform Civil Procedure Rules 2005, that BS Legal Pty Ltd be joined as a plaintiff to the proceedings. (4) Order that BS Legal Pty Ltd be substituted for Burrells Solicitors Pty Ltd as the judgment creditor with respect to the judgment dated 22 August 2013, with effect from 1 August 2017. (5) Order that Burrells Solicitors Pty Ltd be removed from the proceedings as a party, and as the judgment creditor with respect to the judgment dated 22 August 2013. (6) Order that the name of the proceedings be changed so that the proceedings be referred to as BS Legal Pty Ltd v Reavill Farms Pty Ltd. (7) Order that Burrells Solicitors Pty Ltd pay the costs of BS Legal Pty Ltd of the Notices of Motion. (8) Order the defendants to pay their own costs. Catchwords: ASSIGNMENT at law or in equity of the right, title and interest in a judgment entered against the defendants and any monies presently or in the future owed or becoming owed by the defendants pursuant to that judgment's costs - where parties are given notice of assignment – where valuable consideration for the assignment is by way of the provision of legal services – where a costs order made in the future could constitute a future property of a kind which could not be assigned at law Legislation Cited: Civil Procedure Act 2005 Conveyancing Act 1919 Corporations Act 2001 (Cth) Fair Trading Act 1987 Trade Practices Act 1974 (Cth) Cases Cited: ABB Australia Pty Ltd v Federal Commissioner of Taxation (2007) 162 FCR 189 Austino Wentworthville Pty Ltd v Metroland Australia Ltd 2013] NSWCA 59; (2013) 93 ACSR 297 Burrell Solicitors Pty Ltd & Anor v Reavill Farm Pty Ltd & Ors [2016] NSWSC 303 Burrell Solicitors Pty Ltd v Reavill Farm Pty Ltd [2018] NSWSC 107 Federal Commissioner of Taxation v Betro Harrison Constructions Pty Ltd (1978) 78 ATC 4431; (1978) 20 ALR 647 Holroyd v Marshall (1862) 10 HLC 191 Reavill Farm Pty ltd v Burrell Solicitors Pty Ltd [2017] NSWCA 156 Thomas v National Australia Bank Ltd [1999] QCA 525; [2000] 2 Qd R 448 Vagrand Pty Ltd (In liq) v Fielding (1993) 41 FCR 550 Texts Cited: Not Applicable Category: Principal judgment Parties: Burrell Solicitors Pty Ltd (P) Reavill Farm Pty Ltd (D1) Champions Quarry Pty Ltd (D2) Jeffrey Francis Champion (D3) Diana Christine Champion (D4)