Down Town Visuals v Panorama Investments (No 4)

Link copied
Case Copied 42 min read
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMERCIAL COURT
Not Restricted

The Down Town Proceeding - S CI 2017 3990

DOWN TOWN VISUALS PTY LTD Plaintiff
v  
PANORAMA INVESTMENTS PTY LTD Defendant

The Possession Proceeding - S CI 2017 3283

PANORAMA INVESTMENTS PTY LTD Plaintiff
v  
NICK MELLOS and STEPHEN ROBERT DIXON
(as Joint and Several Trustees of the Bankrupt Estate of
Dr Nicholas William Sevdalis (a Bankrupt)) & ORS

Defendants

The First Mortgagee Proceeding - S CI 2017 4334

PANORAMA INVESTMENTS PTY LTD Plaintiff
v  
NB SERVICES (AUST) PTY LTD & ORS Defendants

---

JUDGE:

Digby J

WHERE HELD:

Melbourne

DATE OF HEARING:

On the papers

DATE OF JUDGMENT:

30 November 2020

CASE MAY BE CITED AS:

Down Town Visuals v Panorama Investments (No 4)

MEDIUM NEUTRAL CITATION:

[2020] VSC 798

---

PRACTICE & PROCEDURE – Claims for disbursement of funds paid into Court - Cost entitlements in relation to Funds in Court – Parties claims for costs – Whether mortgage and other security give rise to priority of payment out of Court funds and in relation to costs claims - Priority disputes between secured parties – Exercise of discretion as to costs – Transfer of Land Act 1958 (Vic), s 77(3).

HIS HONOUR:

  1. These reasons concern in summary:

(a)   an application by Panorama Investments Pty Ltd (Panorama) seeking orders that:[1]

[1]Made by email dated 19 November 2019 [4:44pm] and attached Proposed Orders, and Submissions dated 24 January 2020.

(i)     the Court ‘extend and continue’ a number of costs orders made to date in Panorama’s favour in the Debt Proceeding (S CI 2015 4426) and the Possession Proceeding (S CI 2017 3283) (including in respect of the Summons dated 13 October 2017);

(ii)  the above costs be determined on a gross sum basis, based on the Adjusted Fees methodology for work done in Victoria and the Ausmaq methodology for work done in New South Wales;

(iii)             the quantification of costs be referred to the Costs Court for assessment; and

(iv)             certain ancillary, procedural orders.

(b)  an application by Down Town Visuals Pty Ltd (Down Town) seeking:[2]

[2]Down Town’s Proposed Orders attached to the Submissions dated 20 December 2019; Affidavit of Prospero Franzese, 23 December 2019 and Reply Submissions, 21 February 2020.

(i)         judgment for Down Town in the Down Town Proceeding (S CI 2017 3990) for the sum of $2,540,766.99 in respect of the sum secured by the Gulf Country Charge dated 23 November 2011;

(ii)       that the amount of $1,290,766 be paid from Common Fund No. 1 to the solicitors for Down Town, Franzese & Associates.  The amount of $1,290,766 represents the sum of $2,540,766.99 referred to in subparagraph (i) above, less the sum of $1,250,000 already paid out of Funds in Court;

(iii)      in effect the balance of funds remaining in Court in the amount of approximately $282,045[3] be held in Funds in Court pending assessment by the Costs Court on the costs of Down Town secured by the Gulf Country Charge dated 23 November 2011…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Down Town Visuals v Panorama Investments (No 4) and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2020] VSC 798
Decision Date

CaseChat Overview and Summary

Down Town Visuals commenced proceedings against Panorama Investments, seeking an order that certain funds paid into the Supreme Court of Victoria be disbursed to them. The funds in question arose from a mortgage and other security interests which were in dispute between the parties. The case reached the Supreme Court for determination of the legal issues surrounding the disbursement of the funds and the priority of the parties’ claims for costs.

The central legal issues before the Court involved the determination of whether the mortgage and other security interests held by the parties gave rise to a priority of payment out of the Court funds and in relation to the costs claims. The Court also needed to determine the exercise of its discretion as to costs, considering the relevant statutory provisions and the interests of justice.

In its judgment, the Court considered the statutory provisions of the Transfer of Land Act 1958 (Vic), section 77(3), which provided that where there was a dispute over the priority of the security interests, the Court had the discretion to determine the order of priority. The Court found that the mortgage and other security interests did not automatically give rise to a priority of payment out of the Court funds. Instead, the Court needed to consider the equities of the case and the interests of justice in exercising its discretion. The Court held that the priority of the parties' claims for costs should be determined based on the merits of their respective claims and the relevant statutory provisions.

The Court ultimately ordered that the funds be disbursed in accordance with the priority determined by the Court, and that the parties bear their own costs of the proceedings, in line with the exercise of the Court's discretion and the equities of the case.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.