Moriah War Memorial College v Nosti [2020] NSWSC 603

It would not be fair to require Ms Nosti to make a further application regarding her legal costs before the final hearing where the solicitor’s estimate appears reasonable. The order should be varied to increase the amount available for her legal costs to $200,000.

Parties: Plaintiff: Moriah War Memorial College Association; First Defendant: Augustine Robert Nosti; Second Defendant: Melynda Maree Nosti; Third Defendant: Christine Anne Padovan
Jurisdiction: Australia
Judgment Date: 21 May 2020
Procedural Posture: Freezing Order Variation Application / Interlocutory
Outcome: Order varied to increase amount available for legal costs to $200,000
Legal Topics: Freezing Order, Legal Costs, Interlocutory Applications

Equity Commercial Freezing Order Legal Costs Interlocutory Applications

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Parties

Moriah War Memorial College Association

Plaintiff

Augustine Robert Nosti

First Defendant

Melynda Maree Nosti

Second Defendant

Christine Anne Padovan

Third Defendant

Procedural Posture

Freezing Order Variation Application / Interlocutory

Legal Issues

1 Whether the freezing order should be varied to increase the amount the second defendant may spend on legal costs
2 Whether variation should permit transfer of an Audi car and household effects

Ratio Decidendi

Court Disposition

Order varied to increase amount available for legal costs to $200,000

Orders

Order to increase the amount the second defendant, Ms Nosti, may spend on her legal costs to $200,000