Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2004] NSWSC 1102

Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2004] NSWSC 1102

On the evidence, the Court could not be satisfied that the higher fee rates claimed for junior counsel were reasonable; thus, payment out was limited to the amount openly agreed by the respondent, with other claimed fees allowed where uncontested for current application work.

Jurisdiction
Australia
Judgment Date
17 November 2004
Procedural Posture
Equity Proceeding / Interlocutory Application for Release of Funds From Mareva Injunction for Legal Expenses
Outcome
Orders varied to permit payment out of specified sums for counsel's fees from Mareva fund, limited as set out.
Legal Topics
['mareva Injunctions' 'interlocutory Injunctions' 'release of Funds for Legal Expenses' "reasonableness of Counsel's Fees"]
['equity'] ['mareva Injunctions' 'interlocutory Injunctions' 'release of Funds for Legal Expenses' "reasonableness of Counsel's Fees"]

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Procedural Posture

Equity Proceeding / Interlocutory Application for Release of Funds From Mareva Injunction for Legal Expenses

Legal Issues

  1. 1 ['Whether further funds should be released from Mareva orders to pay counsel’s fees' "Whether the claimed counsel's fees are reasonable"]

Ratio Decidendi

On the evidence, the Court could not be satisfied that the higher fee rates claimed for junior counsel were reasonable; thus, payment out was limited to the amount openly agreed by the respondent, with other claimed fees allowed where uncontested for current application work.

Court Disposition

Orders varied to permit payment out of specified sums for counsel's fees from Mareva fund, limited as set out.

Orders

  • ['The Mareva order is varied to authorise and direct payment to Mr Motbey from the fund as follows: (a) $10,656 in respect of memorandum dated 30 September 2004 unless first paid by Mr Lewis by 19 November 2004; (b) $7,006.50 in respect of memorandum dated 16 November 2004; (c) $1,028.50 in respect of additional...