Khalifeh v Rahme & Anor [2009] NSWSC 1332

Khalifeh v Rahme & Anor [2009] NSWSC 1332

The freezing orders should not be varied to permit the defendant to change the regime for the St George Freedom Account as there is no reasonable basis to do so; however, payment of proven reasonable legal fees incurred to date ($6,714.50) and a further $10,000 for future legal expenses is justified. Sufficient evidence has not yet been adduced to allow variation of the freezing orders to pay the claimed business expenses, so further submissions are required on that issue.

Parties
Plaintiff: Adele Khalifeh; First Defendant: Marwan Michael Rahme; Second Defendant: Mida Trading Pty Limited (ACN 130 714 199)
Jurisdiction
Australia
Judgment Date
01 October 2009
Procedural Posture
Equity Proceeding / Interlocutory Orders; Matter Stood Over for Further Hearing
Outcome
Interlocutory orders made; part of defendants’ application granted in part; matter stood over for further hearing.
Legal Topics
Freezing Orders, Equitable Remedies, Variation of Freezing Orders, Legal Expenses, Business Expenses
Equity Freezing Orders Equitable Remedies Variation of Freezing Orders Legal Expenses Business Expenses

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Parties

Adele Khalifeh

Plaintiff

Marwan Michael Rahme

First Defendant

Mida Trading Pty Limited (ACN 130 714 199)

Second Defendant

Procedural Posture

Equity Proceeding / Interlocutory Orders; Matter Stood Over for Further Hearing

Legal Issues

  1. 1 Whether to vary or discharge existing freezing orders to permit payment of defendant's legal expenses and business expenses
  2. 2 How funds in joint accounts should be dealt with pending resolution of proceedings
  3. 3 Whether proven legal fees are reasonable and should be allowed to be paid

Ratio Decidendi

The freezing orders should not be varied to permit the defendant to change the regime for the St George Freedom Account as there is no reasonable basis to do so; however, payment of proven reasonable legal fees incurred to date ($6,714.50) and a further $10,000 for future legal expenses is justified. Sufficient evidence has not yet been adduced to allow variation of the freezing orders to pay the claimed business expenses, so further submissions are required on that issue.

Court Disposition

Interlocutory orders made; part of defendants’ application granted in part; matter stood over for further hearing.

Orders

  • The first and second defendants pay $16,714.50 to their solicitor Champion Legal forthwith on account of legal fees.
  • Both parties to exchange a proposal to reactivate the business of the second defendant by 3 November 2009.