Application of Lin Tang t/as Lin Tang & Co Lawyers [2014] NSWSC 1877

Application of Lin Tang t/as Lin Tang & Co Lawyers [2014] NSWSC 1877

It was not unreasonable for Lin Tang to pay the funds into Court given conflicting instructions and notice of multiple interests; he should not be ordered to pay the costs of the proceedings for payment out. As his involvement since 31 January was exclusively due to the costs application, he is entitled to his costs assessed at $7,500.

Jurisdiction
Australia
Judgment Date
02 May 2014
Procedural Posture
Application for Payment Out of Funds in Court / Final Orders
Outcome
Orders made for payment out of funds in court; plaintiff paying funds in entitled to costs; applicant and second respondent's costs to be paid out of respective estates.
Legal Topics
['funds in Court' 'trustee Liability' 'costs Orders']
['equity' 'trusts' 'procedure'] ['funds in Court' 'trustee Liability' 'costs Orders']

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 Funds in Court / Final Orders

Legal Issues

  1. 1 ['Whether it was reasonable for the plaintiff to pay funds into Court' 'Entitlement to costs of payment out application' 'Proper apportionment of funds held in Court']

Ratio Decidendi

It was not unreasonable for Lin Tang to pay the funds into Court given conflicting instructions and notice of multiple interests; he should not be ordered to pay the costs of the proceedings for payment out. As his involvement since 31 January was exclusively due to the costs application, he is entitled to his costs assessed at $7,500.

Court Disposition

Orders made for payment out of funds in court; plaintiff paying funds in entitled to costs; applicant and second respondent's costs to be paid out of respective estates.

Orders

  • ['Order that the funds in Court to the credit of these proceedings be paid out of Court as follows: (a) the sum of $7,500 to the plaintiff for his costs; (b) as to the balance: (i) 91.47 percent to Jing Sun and Yingjie Wang as trustees pursuant to order 4 made on 7 May 2012 in proceedings 2011/407378; (ii) 8.53...