S1 by her tutor S2 v T [2013] NSWDC 309

S1 by her tutor S2 v T [2013] NSWDC 309

The plaintiff has a good arguable case for damages and an arguable basis for an agreement concerning the funds, warranting a freezing order over the $40,000 held in trust, subject to exceptions for repayment of legal fees and ongoing legal expenses.

Jurisdiction
Australia
Judgment Date
12 September 2013
Procedural Posture
Interlocutory Application / Application for Freezing Order
Outcome
Plaintiff's notice of motion granted in part; defendant's notice of motion dismissed.
Legal Topics
['freezing Orders' 'trust Money' 'damages' 'enforcement of Agreements']
['civil Procedure'] ['freezing Orders' 'trust Money' 'damages' 'enforcement of Agreements']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Freezing Order

Legal Issues

  1. 1 ["whether a freezing order should be granted over $40,000 held by defendant's solicitor" 'whether plaintiff has a good arguable case' 'whether agreement exists in respect of the money held in trust']

Ratio Decidendi

The plaintiff has a good arguable case for damages and an arguable basis for an agreement concerning the funds, warranting a freezing order over the $40,000 held in trust, subject to exceptions for repayment of legal fees and ongoing legal expenses.

Court Disposition

Plaintiff's notice of motion granted in part; defendant's notice of motion dismissed.

Orders

  • ["The defendant is to deposit the sum of $40,000 into a controlled money account held by the defendant's solicitors, Greenfield Lawyers, until these proceedings have been finalised." 'The defendant is not, in any way, to dispose of, deal with or diminish the value of his funds in the sum of $40,000 except: (a) to...