NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: O'Hearn Lawyers v Barker [2020] NSWSC 131 Hearing dates: 20 February 2020 Date of orders: 20 February 2020 Decision date: 20 February 2020 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The Court declares that the plaintiff may, under s 95 of the Trustee Act 1925, pay into court the net sum of $55,260.65 out of the trust amount of $67,760.60.
(2) Pursuant to s 93(3) of the Trustee Act and Uniform Civil Procedure Rules r 55.9(6), the Court orders that the plaintiff's costs be paid out of balance of the amounts held in the trust account in the amount of $12,500.
(3) The Court directs that the plaintiff serve a copy of these orders on each of the defendants by 5pm on 21 February 2020; and
(4) The Court orders that the summons be otherwise dismissed. Catchwords: Payment into Court – funds held by solicitor in trust account pursuant to Family Court orders between former client and husband – Trustee Act, s 95 – quantification of costs Legislation Cited: Legal Profession Uniform Law 2014, s 138 Trustee Act 1925, s, 93, s 95 Uniform Civil Procedure Rules, r 43, r 55.9 Category: Principal judgment Parties: O'Hearn Lawyers Pty Limited (Plaintiff) Sharon Lee Barker (First Defendant) Kevin Paul Whitelum (Second Defendant) Representation: Counsel: R Thrift (Plaintiff)
Solicitors: O'Hearn Lawyers Pty Limited Baker Love Lawyers (First Defendant) No Appearance (Second Defendant) File Number(s): 2019/343396
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