Jadwan Pty Ltd v Rae & Partners (a firm) (No 5) [2021] FCA 248

Jadwan Pty Ltd v Rae & Partners (a firm) (No 5) [2021] FCA 248

The Court found that, due to the lack of evidence from Jadwan about its current state of affairs, the fact that it did not offer undertakings, the existence of real risk of dissipation, and its only interest being indemnity as trustee, it was appropriate and necessary to order payment of $375,000 and $119,200 out of future sale proceeds into court, to be held pending cost assessment.

Jurisdiction
Australia
Judgment Date
18 March 2021
Procedural Posture
Application for Freezing Order/interlocutory Relief / Post Trial, Costs Orders Enforcement
Outcome
Applications for payment into court granted in part; applications against mortgagees dismissed; cost orders made.
Legal Topics
['freezing Orders' 'enforcement of Costs Orders' 'trust Property']
['practice and Procedure'] ['freezing Orders' 'enforcement of Costs Orders' 'trust Property']

Case Brief

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Procedural Posture

Application for Freezing Order/interlocutory Relief / Post Trial, Costs Orders Enforcement

Legal Issues

  1. 1 ['Whether to order Jadwan Pty Ltd to pay proceeds from sale of properties into Court pending final costs assessment;' 'Whether there is a danger of dissipation of trust assets by Jadwan Pty Ltd;' 'Whether payment into court is necessary and, if so, in what amounts;' 'Whether to order mortgagees to pay monies into court']

Ratio Decidendi

The Court found that, due to the lack of evidence from Jadwan about its current state of affairs, the fact that it did not offer undertakings, the existence of real risk of dissipation, and its only interest being indemnity as trustee, it was appropriate and necessary to order payment of $375,000 and $119,200 out of future sale proceeds into court, to be held pending cost assessment.

Court Disposition

Applications for payment into court granted in part; applications against mortgagees dismissed; cost orders made.

Orders

  • ["Jadwan Pty Ltd must, on sale/transfer/mortgage/charging of the properties, pay into Court $375,000 (or lesser amount due) for first to third respondents' costs, and $119,200 (or lesser amount due) for fifth respondent's costs, to be held pending final taxation and assessment of costs as per orders of Kerr J and...