Goldberg v Beckett [2016] NSWSC 1646

Goldberg v Beckett [2016] NSWSC 1646

The Court was not prepared to release the claimed $675,000 to Ms Beckett because the material did not permit a reliable assessment of the value or worth of the disputed costs items, which should be determined in the costs assessment procedure. However, because retaining the funds in Court at a low interest rate exposed Ms Beckett to greater potential disadvantage and Turner Freeman would not undertake to pay interest, the appropriate course was to have the funds paid into a controlled monies account in the joint names of the solicitors for Ms Beckett and Turner Freeman, pending the outcome of costs assessment, with interest distributed according to the parties' ultimate entitlements.

Jurisdiction
Australia
Judgment Date
23 November 2016
Procedural Posture
Notice of Motion Concerning Funds in Court and Solicitor's Lien / Application for Payment Out of Funds in Court Pending Costs Assessment
Outcome
The Court declined to order immediate release of the claimed $675,000 and directed that short minutes be brought in for the funds in Court to be paid into a controlled monies account pending costs assessment.
Legal Topics
['funds in Court' "solicitor's Lien" 'payment Out of Court' 'costs Assessment' 'interest on Funds in Court' 'controlled Monies Account']
['civil Procedure' 'legal Profession' 'costs'] ['funds in Court' "solicitor's Lien" 'payment Out of Court' 'costs Assessment' 'interest on Funds in Court' 'controlled Monies Account']

Case Brief

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Procedural Posture

Notice of Motion Concerning Funds in Court and Solicitor's Lien / Application for Payment Out of Funds in Court Pending Costs Assessment

Legal Issues

  1. 1 ["Whether $675,000 or another amount should be released to Ms Beckett from monies paid into Court pending assessment of Turner Freeman's costs." 'Whether the remaining monies paid into Court should be released to Ms Beckett unless Turner Freeman undertakes to pay interest on any balance to which it is found not to be entitled.' 'Whether the Court should quantify contested heads of costs claimed by Turner Freeman or leave them to the costs assessment procedure.' 'How the funds in Court should be treated so as to reduce the prospect of loss to either party pending assessment.']

Ratio Decidendi

The Court was not prepared to release the claimed $675,000 to Ms Beckett because the material did not permit a reliable assessment of the value or worth of the disputed costs items, which should be determined in the costs assessment procedure. However, because retaining the funds in Court at a low interest rate exposed Ms Beckett to greater potential disadvantage and Turner Freeman would not undertake to pay interest, the appropriate course was to have the funds paid into a controlled monies account in the joint names of the solicitors for Ms Beckett and Turner Freeman, pending the outcome of costs assessment, with interest distributed according to the parties' ultimate entitlements.

Court Disposition

The Court declined to order immediate release of the claimed $675,000 and directed that short minutes be brought in for the funds in Court to be paid into a controlled monies account pending costs assessment.

Orders

  • ["Direct the parties within seven days to bring in short minutes of order to reflect the Court's conclusions." "The funds in Court should be paid into a controlled monies account in the joint names of the solicitors for Ms Beckett and Turner Freeman to abide the outcome of the assessment of Turner Freeman's costs."...