Amir Ashrafinia v Mohammad Reza Ashrafinia; Parvaneh Karami Fakhrabadi v Mohammad Reza Ashrafinia (No. 5) [2014] NSWSC 686

Amir Ashrafinia v Mohammad Reza Ashrafinia; Parvaneh Karami Fakhrabadi v Mohammad Reza Ashrafinia (No. 5) [2014] NSWSC 686

The motion was dismissed because Mohammad's allegations against Karami's legal representatives were unsupported by evidence or any objective basis; there was no present legitimate purpose for production of Karami's legal fee and costs documents in anticipation of a possible future costs application or to pursue conspiracy allegations; Karami was not presently seeking the Hayes fees issue costs from Mohammad or the Trust; and, applying the principles in Lai Qin to the settled Hayes fees issue, there was no basis to require Karami to reimburse the Trust because bad faith was not established, questioning Mr Hayes's fees was not inappropriate, and the Trustee or Trust would not be entitled to...

Jurisdiction
Australia
Judgment Date
28 May 2014
Procedural Posture
Motion in Equity Division Proceedings / Ex Tempore Judgment on Mohammad Reza Ashrafinia's Motion Filed 26 May 2014
Outcome
Motion dismissed with costs.
Legal Topics
['conduct of Parties' 'allegations of Misconduct by Legal Representatives' 'production of Legal Fees and Costs Agreements' 'trustee for Sale Costs and Indemnity' 'costs Following Settlement of an Issue']
['procedure' 'costs' 'trusts'] ['conduct of Parties' 'allegations of Misconduct by Legal Representatives' 'production of Legal Fees and Costs Agreements' 'trustee for Sale Costs and Indemnity' 'costs Following Settlement of an Issue']

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Procedural Posture

Motion in Equity Division Proceedings / Ex Tempore Judgment on Mohammad Reza Ashrafinia's Motion Filed 26 May 2014

Legal Issues

  1. 1 ['Whether Mr Southwell-Keely and Mr McGrath SC should cease acting in the proceedings for Karami.' 'Whether invoices for legal fees and costs agreements made between Mr Southwell-Keely, Mr McGrath SC and Karami should be produced to Mohammad.' 'Whether Karami should bear her own costs of the motion concerning the Hayes fees issue.' "Whether Karami should reimburse the trust in respect of Mr Hayes's costs and fees in defending the issue concerning the quantum of Mr Hayes's fees while trustee for sale of the Marsfield property."]

Ratio Decidendi

The motion was dismissed because Mohammad's allegations against Karami's legal representatives were unsupported by evidence or any objective basis; there was no present legitimate purpose for production of Karami's legal fee and costs documents in anticipation of a possible future costs application or to pursue conspiracy allegations; Karami was not presently seeking the Hayes fees issue costs from Mohammad or the Trust; and, applying the principles in Lai Qin to the settled Hayes fees issue, there was no basis to require Karami to reimburse the Trust because bad faith was not established, questioning Mr Hayes's fees was not inappropriate, and the Trustee or Trust would not be entitled to...

Court Disposition

Motion dismissed with costs.

Orders

  • ["I dismiss the whole of Mohammad's motion of 26 May 2014." 'I vacate the hearing date of that motion of 6 June 2014.' 'I order Mohammad to pay the costs of his motion dated 26 May 2014.']