Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2004] NSWSC 287

Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2004] NSWSC 287

Further money was released from the fund held under Mareva relief to permit Lamru Pty Ltd to pay counsel's fees, as the principle that Mareva relief must not prevent proper legal representation overrides arguments concerning the timing and credit status of legal work performed. Strict compliance with undertakings as to financial disclosure is emphasized.

Jurisdiction
Australia
Judgment Date
08 April 2004
Procedural Posture
Application for Variation of Mareva Order / Interlocutory
Outcome
Application granted
Legal Topics
['equitable Remedies' 'injunctions' 'interlocutory Injunctions' 'mareva Injunctions' 'litigation Funding']
['equity'] ['equitable Remedies' 'injunctions' 'interlocutory Injunctions' 'mareva Injunctions' 'litigation Funding']

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Procedural Posture

Application for Variation of Mareva Order / Interlocutory

Legal Issues

  1. 1 ['Whether further money should be released from Mareva restraint to meet costs of proceedings' 'Importance of compliance with undertakings attached to previous releases']

Ratio Decidendi

Further money was released from the fund held under Mareva relief to permit Lamru Pty Ltd to pay counsel's fees, as the principle that Mareva relief must not prevent proper legal representation overrides arguments concerning the timing and credit status of legal work performed. Strict compliance with undertakings as to financial disclosure is emphasized.

Court Disposition

Application granted

Orders

  • ["The Mareva order made on 27 June 2003 and varied by order on 17 February 2004 is further varied to authorise and direct the trustees of the fund to pay an additional $37,564.30 to Mr Motbey on account of Lamru's counsel's fees and disbursements."]