Bartier Perry Pty Ltd; Application of Austin Ta De Investment Pty Ltd & Anor [2023] NSWSC 1203

Bartier Perry Pty Ltd; Application of Austin Ta De Investment Pty Ltd & Anor [2023] NSWSC 1203

The evidence established that Austin Ta De had the primary beneficial interest in the funds as its property under intercompany loan arrangements with Eastern Eminent, that other possible claimants had been notified and either supported the application or made no claim, and that Bartier Perry, the Law Society of New South Wales and Mr Abboud did not oppose or seek to be heard. The Court was therefore satisfied that the requirements for payment out of Court were met, and it was appropriate to vary the direction so payment could be made to the trust account of Austin Ta De's authorised solicitor for settlement of the transaction.

Jurisdiction
Australia
Judgment Date
09 October 2023
Procedural Posture
Application for Payment Out of Court of Funds Paid Into Court / Notice of Motion Filed on 4 October 2023 and Variation Application Determined in Chambers
Outcome
Application granted; orders made for payment out of Court to Austin Ta De Investment Pty Ltd and varied to provide for payment to the trust account of its authorised solicitor.
Legal Topics
['funds Paid Into Court' 'payment Out of Court' 'solicitor Trust Account' 'variation of Orders' 'beneficial Entitlement to Funds']
['civil Procedure' 'equity' 'legal Profession'] ['funds Paid Into Court' 'payment Out of Court' 'solicitor Trust Account' 'variation of Orders' 'beneficial Entitlement to Funds']

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

Application for Payment Out of Court of Funds Paid Into Court / Notice of Motion Filed on 4 October 2023 and Variation Application Determined in Chambers

Legal Issues

  1. 1 ['Whether the amount of $67,994,748.63 paid into Court by Bartier Perry, together with accrued interest, should be paid out to Austin Ta De Investment Pty Ltd under r 55.11 of the Uniform Civil Procedure Rules 2005 (NSW).' 'Whether the direction made on 6 October 2023 should be varied so that payment to Austin Ta De Investment Pty Ltd be made to the trust account of its authorised solicitor, Elson Pow of Elson Pow & Associates.']

Ratio Decidendi

The evidence established that Austin Ta De had the primary beneficial interest in the funds as its property under intercompany loan arrangements with Eastern Eminent, that other possible claimants had been notified and either supported the application or made no claim, and that Bartier Perry, the Law Society of New South Wales and Mr Abboud did not oppose or seek to be heard. The Court was therefore satisfied that the requirements for payment out of Court were met, and it was appropriate to vary the direction so payment could be made to the trust account of Austin Ta De's authorised solicitor for settlement of the transaction.

Court Disposition

Application granted; orders made for payment out of Court to Austin Ta De Investment Pty Ltd and varied to provide for payment to the trust account of its authorised solicitor.

Orders

  • ["Pursuant to r 55.11 of the Uniform Civil Procedure Rules 2005 (NSW), direct that the amount of $67,994,748.63 paid into Court by the plaintiff in these proceedings, together with any accrued interest, be paid to the first applicant, Austin Ta De Investment Pty Ltd (ACN 670 205 697), forthwith, with such payment to...