31 Aug 2009
CUTTING & ORS V GOULD & ANOR HC AK CIV-2004-404-003957
- Citation
- openlaw-3d0372e7_6797_4015_9e51_83828b96713c.pdf
- Court
- High Court
The court granted the stay because Parkbrook had acknowledged liability for unpaid legal fees that exceeded the costs judgment, there was no abuse of process in raising the set-off given the acknowledged liability, and on the facts the cross-claims were either effectively pre-receivership or sufficiently intertwined so that equitable set-off was available; accordingly enforcement of the costs judgment would be unjust and the charging order tied to enforcement was to be cancelled.