Council of the Law Society v O’Brien [2019] NSWSC 1879

Council of the Law Society v O’Brien [2019] NSWSC 1879

The expression 'legal expenses' in order 1 of the freezing order extends to the reasonable legal costs of these proceedings, the proposed recovery proceeding under s 246 of the Legal Profession Uniform Law (NSW), conduct proceedings, and the legal costs of defence of the criminal proceedings now instituted against the defendants. This interpretation aligns with both the individual and public interest in competent legal defence and does not unreasonably prejudice the plaintiff given the extent of recoveries already made.

Jurisdiction
Australia
Judgment Date
19 December 2019
Procedural Posture
Motion (interpretation of Freezing Order in Civil Proceedings) / Ex Tempore Judgment on Motion
Outcome
Declaration made as to scope of 'legal expenses'; costs ordered in favour of defendants.
Legal Topics
['freezing Orders' 'interpretation of Judgments and Orders' 'legal Expenses Under Freezing Orders']
['civil Procedure'] ['freezing Orders' 'interpretation of Judgments and Orders' 'legal Expenses Under Freezing Orders']

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Procedural Posture

Motion (interpretation of Freezing Order in Civil Proceedings) / Ex Tempore Judgment on Motion

Legal Issues

  1. 1 ["Does the term 'legal expenses' in order 1 of the freezing order include costs of criminal defence for the defendants?" 'Should the defendants be permitted to use restrained funds for legal costs including in criminal and related proceedings?']

Ratio Decidendi

The expression 'legal expenses' in order 1 of the freezing order extends to the reasonable legal costs of these proceedings, the proposed recovery proceeding under s 246 of the Legal Profession Uniform Law (NSW), conduct proceedings, and the legal costs of defence of the criminal proceedings now instituted against the defendants. This interpretation aligns with both the individual and public interest in competent legal defence and does not unreasonably prejudice the plaintiff given the extent of recoveries already made.

Court Disposition

Declaration made as to scope of 'legal expenses'; costs ordered in favour of defendants.

Orders

  • ["Declare that the expression 'legal expenses' in order 1 extends to the reasonable legal costs of these proceedings, the proposed recovery proceeding under s 246 Legal Profession Uniform Law (NSW), conduct proceedings, and the legal costs of defence of the criminal proceedings now instituted against each of the...