Leamey v Evatt [2018] NSWSC 498

Leamey v Evatt [2018] NSWSC 498

There was no enforceable express or implied agreement between the barristers on the division of the fund, nor was the party/party assessment determinative of their individual entitlements. In the absence of such agreement or legal mechanism, equity requires the fund held on trust to be distributed in fair proportions which, in this case, is via a proportional allocation reflecting the average allowed for each bill among the barristers, after taking account of the amounts already received.

Jurisdiction
Australia
Judgment Date
27 April 2018
Procedural Posture
Interpleader Proceedings / Judgment
Outcome
Fund to be distributed rateably among claimants; Mr Dibb to receive $18,638, Mr Evatt $1,687, and Mr Rasmussen $675 from the $21,000 held in trust; costs orders to be settled after written submissions.
Legal Topics
['interpleader' 'costs' "barristers' Fees" 'distribution of Trust Funds' 'equitable Principles']
['equity' 'civil Procedure'] ['interpleader' 'costs' "barristers' Fees" 'distribution of Trust Funds' 'equitable Principles']

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

Interpleader Proceedings / Judgment

Legal Issues

  1. 1 ['Entitlement of three barrister claimants to funds held on trust' 'Whether the claimants expressly or impliedly agreed how the fund should be divided']

Ratio Decidendi

There was no enforceable express or implied agreement between the barristers on the division of the fund, nor was the party/party assessment determinative of their individual entitlements. In the absence of such agreement or legal mechanism, equity requires the fund held on trust to be distributed in fair proportions which, in this case, is via a proportional allocation reflecting the average allowed for each bill among the barristers, after taking account of the amounts already received.

Court Disposition

Fund to be distributed rateably among claimants; Mr Dibb to receive $18,638, Mr Evatt $1,687, and Mr Rasmussen $675 from the $21,000 held in trust; costs orders to be settled after written submissions.

Orders

  • ['Out of the $21,000 held on trust, $18,638 is to be paid to Mr Dibb, $1,687 to Mr Evatt, and $675 to Mr Rasmussen, subject to final costs orders.' 'All applications concerning costs to be made in writing before final orders issued.']