Amir Ashrafinia v Mohammad Reza Ashrafinia; Parvaneh Karami Fakhrabadi v Mohammad Reza Ashrafinia (No. 2) [2014] NSWSC 145

Amir Ashrafinia v Mohammad Reza Ashrafinia; Parvaneh Karami Fakhrabadi v Mohammad Reza Ashrafinia (No. 2) [2014] NSWSC 145

The Court made various orders consequential upon the principal judgment, resolving issues regarding payment of expert fees from trust proceeds, declining substantive amendment of the judgment under the slip rule, refusing compulsory appointment of the NSW Trustee as trustee, imposing an interlocutory restraint on Mohammad from disposing of interests in Chili Blue Backpackers, ordering document production regime, deferring determination of just allowances until new trustee is appointed, and granting costs orders against unsuccessful parties. Costs in the 2011 proceedings were awarded against Mohammad and Amir, costs in the 2008 proceedings against Amir, and no costs order made against...

Parties
First Plaintiff: Amir Hossain Ashrafinia; First Defendant: Mohammad Reza Ashrafinia; Second Defendant: Ashrafi Persian Trading Company Pty Limited; First Plaintiff: Parvaneh Karami Fakhrabadi; Second Defendant: Amir Hossain Ashrafinia; Third Defendant: Abbas Ashrafinia; Fourth Defendant: Ashrafi Persian Trading Company Pty Limited; Non Party: Azadeh Ashrafinia
Jurisdiction
Australia
Judgment Date
27 February 2014
Procedural Posture
Equity Proceedings Trust Dispute and Costs / Post Final Judgment; Consequential Orders and Costs
Outcome
Various consequential orders made; costs awarded; orders for new trustee; interlocutory injunction imposed; liberty to apply granted.
Legal Topics
Costs, Appointment of Trustee, Breach of Trust, Document Production, Just Allowances, Injunctions
Equity Trusts Civil Procedure Costs Appointment of Trustee Breach of Trust Document Production Just Allowances +1 more

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Parties

Amir Hossain Ashrafinia

First Plaintiff

Mohammad Reza Ashrafinia

First Defendant

Ashrafi Persian Trading Company Pty Limited

Second Defendant

Parvaneh Karami Fakhrabadi

First Plaintiff

Amir Hossain Ashrafinia

Second Defendant

Abbas Ashrafinia

Third Defendant

Ashrafi Persian Trading Company Pty Limited

Fourth Defendant

Azadeh Ashrafinia

Non Party

Procedural Posture

Equity Proceedings Trust Dispute and Costs / Post Final Judgment; Consequential Orders and Costs

Legal Issues

  1. 1 Mechanism for payment of Court-appointed expert's fees
  2. 2 Whether judgment should be amended under slip rule at request of non-party
  3. 3 Appointment of NSW Trustee and Guardian as trustee of the trust

Ratio Decidendi

The Court made various orders consequential upon the principal judgment, resolving issues regarding payment of expert fees from trust proceeds, declining substantive amendment of the judgment under the slip rule, refusing compulsory appointment of the NSW Trustee as trustee, imposing an interlocutory restraint on Mohammad from disposing of interests in Chili Blue Backpackers, ordering document production regime, deferring determination of just allowances until new trustee is appointed, and granting costs orders against unsuccessful parties. Costs in the 2011 proceedings were awarded against Mohammad and Amir, costs in the 2008 proceedings against Amir, and no costs order made against...

Court Disposition

Various consequential orders made; costs awarded; orders for new trustee; interlocutory injunction imposed; liberty to apply granted.

Orders

  • Order the first and second defendants to pay the plaintiffs' costs of proceedings numbered 2011/00166674 ('the 2011 proceedings')
  • Order that the Cross-Claimant pay the first and second Cross Defendants' costs of the cross-claim in the 2011 proceedings