Dr Bill Lyon Pty Limited v Smooth as Silk Lasers Cosmetic Clinic (No 2) [2018] NSWSC 1389

Dr Bill Lyon Pty Limited v Smooth as Silk Lasers Cosmetic Clinic (No 2) [2018] NSWSC 1389

The respondents have no claim to the money, the defendants accept that it should be paid over, and the respondents' refusal obstructed prior court orders. Therefore, the respondents are ordered to pay the money and costs on the indemnity basis.

Source-derived case information.

Parties
First Plaintiff: Dr Bill Lyon Pty Ltd; Second Plaintiff: Dr Bill Lyon Services Pty Ltd; First Defendant: Smooth as Silk Laser and Cosmetic Clinic Pty Ltd; Second Defendant: Tommy Meyir Yitzhak Jodlovich; Respondent: Cantwell Health Consulting and Advisory; Respondent: Mr Nicholas Cantwell
Jurisdiction
Australia
Judgment Date
07 September 2018
Procedural Posture
Civil / Application for Payment Into Court and Costs Order
Outcome
Orders made for payment of $21,500 into the plaintiffs' solicitors' trust account and indemnity costs against the respondents.
Legal Topics
Costs, Payment Into Court, Compliance With Court Orders
Civil Procedure Equity Costs Payment Into Court Compliance With Court Orders

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Parties

Dr Bill Lyon Pty Ltd

First Plaintiff

Dr Bill Lyon Services Pty Ltd

Second Plaintiff

Smooth as Silk Laser and Cosmetic Clinic Pty Ltd

First Defendant

Tommy Meyir Yitzhak Jodlovich

Second Defendant

Cantwell Health Consulting and Advisory

Respondent

Mr Nicholas Cantwell

Respondent

Procedural Posture

Civil / Application for Payment Into Court and Costs Order

Legal Issues

  1. 1 Whether the respondents should be ordered to pay $21,500 into the plaintiffs' solicitors' trust account
  2. 2 Whether costs should be awarded against the respondents on the indemnity basis

Ratio Decidendi

The respondents have no claim to the money, the defendants accept that it should be paid over, and the respondents' refusal obstructed prior court orders. Therefore, the respondents are ordered to pay the money and costs on the indemnity basis.

Court Disposition

Orders made for payment of $21,500 into the plaintiffs' solicitors' trust account and indemnity costs against the respondents.

Orders

  • The respondents must pay $21,500 into the plaintiffs' solicitors' trust account within three business days of service of these orders.
  • The respondents must pay the plaintiffs' costs of and incidental to the notice of motion filed 24 August 2018, such costs to be assessed forthwith and on the indemnity basis.