Goldberg v Beckett [2017] NSWSC 1075

Goldberg v Beckett [2017] NSWSC 1075

There was no need for Ms Beckett to take further steps to advance or protect her position after putting Turner Freeman on notice via correspondence; the orders made were being obeyed, any interest differences were minor, and a contested dispute was premature pending completion of the costs assessment process and calculation of any actual loss.

Jurisdiction
Australia
Judgment Date
18 August 2017
Procedural Posture
Notice of Motion in Pending Proceedings / Interlocutory (ruling on Notice of Motion, Standing Over for Directions)
Outcome
No order on notice of motion; motion stood over for directions; costs reserved; liberty to apply granted.
Legal Topics
['controlled Money Account' 'interest Rates on Court Held Funds' "solicitor's Lien" 'costs Assessment Process' 'proportionality of Litigation Costs']
['civil Procedure'] ['controlled Money Account' 'interest Rates on Court Held Funds' "solicitor's Lien" 'costs Assessment Process' 'proportionality of Litigation Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion in Pending Proceedings / Interlocutory (ruling on Notice of Motion, Standing Over for Directions)

Legal Issues

  1. 1 ['Whether monies deposited in a controlled account should be transferred to an account earning a higher interest rate' 'Whether the first defendant should be a signatory to the controlled account' 'Whether the current interest rate is unfairly disadvantageous to the first defendant' 'Whether the proceedings brought by the notice of motion are cost and time effective']

Ratio Decidendi

There was no need for Ms Beckett to take further steps to advance or protect her position after putting Turner Freeman on notice via correspondence; the orders made were being obeyed, any interest differences were minor, and a contested dispute was premature pending completion of the costs assessment process and calculation of any actual loss.

Court Disposition

No order on notice of motion; motion stood over for directions; costs reserved; liberty to apply granted.

Orders

  • ["Make no order with respect to Ms Beckett's notice of motion filed on 5 April 2017." 'Stand over the notice of motion for directions on 3 November 2017.' 'Reserve the costs of that motion, including the costs of appearances before the court between 31 March 2017 and 14 August 2017.' "Grant liberty to the parties to...