Kozjak v Oswin (No 2)

The case of *Kozjak v Oswin (No 2)* concerned an appeal before Beazley and Hodgson JJA and Handley AJA. The dispute revolved around the distribution of funds held in a controlled monies account, following an earlier judgment. The appellant, Mr. Kozjak, sought to vary certain orders made by an Associate Justice regarding the payment of monies from this account.

The primary legal issue before the Court of Appeal was whether the Associate Justice's orders, which directed the payment of a substantial sum to the respondent, Mr. Oswin, from the controlled monies account, were appropriate and should stand. The court was required to determine how the proceeds from the sale of a property, which had been placed into the controlled monies account, should be allocated between the parties, taking into account outstanding costs orders and a deed of release.

The Court of Appeal allowed the appeal, setting aside specific orders made by the Associate Justice. The court substituted new orders that provided for the respondent to be paid $486,000 forthwith from the controlled monies account, along with a proportional share of the interest earned. The balance of the monies in the account was to be paid to the appellant, subject to the appellant providing a duly executed Deed of Release from Virtual Developments Pty Limited to the respondent. The court also made detailed provisions for the payment of assessed or unassessed costs between the parties from their respective shares of the controlled monies account, requiring both parties to act with due diligence in finalising these costs.