State of New South Wales v Younis (No 2) [2014] NSWCA 291

State of New South Wales v Younis (No 2) [2014] NSWCA 291

Given the uncontested necessity of the money for securing representation for the appeal, and the fact a sufficient balance would remain on account, the Court ordered payment out of the specified sum.

Jurisdiction
Australia
Judgment Date
25 August 2014
Procedural Posture
Interlocutory Application / Application for Payment Out of Court Funds Prior to Appeal Hearing
Outcome
Motion granted in part
Legal Topics
['payment Out of Monies Paid Into Court']
['civil Procedure'] ['payment Out of Monies Paid Into Court']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Payment Out of Court Funds Prior to Appeal Hearing

Legal Issues

  1. 1 ['Whether it is appropriate to order payment of $49,000 out of funds paid into court pending appeal']

Ratio Decidendi

Given the uncontested necessity of the money for securing representation for the appeal, and the fact a sufficient balance would remain on account, the Court ordered payment out of the specified sum.

Court Disposition

Motion granted in part

Orders

  • ['The Registrar of the District Court of New South Wales take such steps as are necessary to pay the sum of $49,000 being part of the sum of $437,154.54 paid into Court as a result of the orders made by Levy DCJ on 12 November 2010 into the S Stojanovic trust account with the Commonwealth Bank, Liverpool.'...