Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2006] NSWSC 417

Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2006] NSWSC 417

It is appropriate to further vary the Mareva order to release funds for payment of counsel's fees where, although a business's financial position has improved, compelling the extraction of such funds from the business would jeopardise its continued viability, and the party seeking release has borne litigation costs as a result of necessary and proper participation.

Parties
Plaintiff: Peter Lawrence Lewis; Defendant: Nortex Pty Ltd (In Liq); Plaintiff/applicant: Lamru Pty Limited; Defendant/respondent: Kation Pty Limited; Defendant: Mark Lewis; Liquidator: Brian Raymond Silvia (Liquidator)
Jurisdiction
Australia
Judgment Date
03 May 2006
Procedural Posture
Equity Application (mareva Injunction Variation) / Interlocutory Judgment on Application for Further Release of Funds
Outcome
Application granted; further release from Mareva fund ordered.
Legal Topics
Equitable Remedies, Injunctions, Mareva Injunctions, Funding of Litigation, Discretion to Release Restrained Funds
Equity Equitable Remedies Injunctions Mareva Injunctions Funding of Litigation Discretion to Release Restrained Funds

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Parties

Peter Lawrence Lewis

Plaintiff

Nortex Pty Ltd (In Liq)

Defendant

Lamru Pty Limited

Plaintiff/applicant

Kation Pty Limited

Defendant/respondent

Mark Lewis

Defendant

Brian Raymond Silvia (Liquidator)

Liquidator

Procedural Posture

Equity Application (mareva Injunction Variation) / Interlocutory Judgment on Application for Further Release of Funds

Legal Issues

  1. 1 Whether further funds should be released from a Mareva restraint to pay counsel's fees and litigation costs given business circumstances

Ratio Decidendi

It is appropriate to further vary the Mareva order to release funds for payment of counsel's fees where, although a business's financial position has improved, compelling the extraction of such funds from the business would jeopardise its continued viability, and the party seeking release has borne litigation costs as a result of necessary and proper participation.

Court Disposition

Application granted; further release from Mareva fund ordered.

Orders

  • Mareva order varied to authorise payment of $43,070 to Mr Motbey for counsel's fees, GST, and disbursements.