Reliance Financial Services v Lemery Holdings [2006] NSWSC 1417

Reliance Financial Services v Lemery Holdings [2006] NSWSC 1417

The application to re-open the argument was refused because the issues raised were already dealt with or implicitly rejected in the earlier proceedings and submissions; the procedural fairness and orderly conduct of proceedings did not warrant permitting re-opening. Tzovaras Legal is entitled to retain only the agreed sum, and must pay the balance back into Court within 42 days.

Parties
Applicant: Reliance Financial Services Pty Ltd; First Defendant: Lemery Holdings Pty Ltd; Applicant: Tzovaras Legal; Applicant: Ted Tzovaras; Applicant: John Tomaras
Jurisdiction
Australia
Judgment Date
13 December 2006
Procedural Posture
Notice of Motion / Post Judgment; Application to Re Open Argument
Outcome
Application to re-open argument refused. Declarations made regarding entitlement to retained funds. Orders for repayment of balance into Court. Costs orders given.
Legal Topics
Funds in Court, Re Opening of Argument, Authority of Solicitors, Payment of Costs, Effect of Court Orders
Equity Civil Procedure Funds in Court Re Opening of Argument Authority of Solicitors Payment of Costs Effect of Court Orders

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Parties

Reliance Financial Services Pty Ltd

Applicant

Lemery Holdings Pty Ltd

First Defendant

Tzovaras Legal

Applicant

Ted Tzovaras

Applicant

John Tomaras

Applicant

Procedural Posture

Notice of Motion / Post Judgment; Application to Re Open Argument

Legal Issues

  1. 1 Whether Tzovaras Legal had authority to seek release of funds from Court
  2. 2 Whether re-opening of argument after judgment delivery should be permitted
  3. 3 Effect of change in instructions on solicitor’s authority

Ratio Decidendi

The application to re-open the argument was refused because the issues raised were already dealt with or implicitly rejected in the earlier proceedings and submissions; the procedural fairness and orderly conduct of proceedings did not warrant permitting re-opening. Tzovaras Legal is entitled to retain only the agreed sum, and must pay the balance back into Court within 42 days.

Court Disposition

Application to re-open argument refused. Declarations made regarding entitlement to retained funds. Orders for repayment of balance into Court. Costs orders given.

Orders

  • Declared Tzovaras Legal entitled to retain $87,043.38 of the funds released by Court orders of 13 July 2006.
  • Ordered Tzovaras Legal to pay $107,221.34 into Court within 42 days.