SUPREME COURT OF QUEENSLAND
CITATION:
Moreton Resources Ltd (Receivers Appointed) v Kirk [2025] QSC 198
PARTIES:
MORETON RESOURCES LTD ACN 060 111 784 (RECEIVERS APPOINTED)
(first applicant)MRV METALS PTY LTD ACN 610 100 402 (RECEIVERS APPOINTED)
(second applicant)ALEXANDER JASON ELKS
(third applicant)v
DARRYL EDWARD KIRK AS RECEIVER OF MORETON RESOURCES LTD ACN 060 111 784 (RECEIVERS APPOINTED) AND MRV METALS PTY LTD ACN 610 100 402 (RECEIVERS APPOINTED)
(first respondent)MELGEAR PTY LTD ACN 056 330 646
(second respondent)FILE NO/S:
BS 495/25
DIVISION:
Trial division
PROCEEDING:
Originating application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
26 August 2025
DELIVERED AT:
Brisbane
HEARING DATE:
29 May 2025. Further written submissions delivered by the applicants on 5 June 2025, and by the respondents on 13 June 2025.
JUDGE:
Cooper J
ORDER:
The answers to the preliminary questions are as follows:
Question 1(a): Are the applicants (or any of them) a “third party payer” within the definition of s 301 of the LPA?
The first and second applicants are each a non-associated third party payer within the meaning of s 301(3) of the LPA in respect of all of the legal costs which they have sought to have assessed in the originating application filed on 4 February 2025.
The third applicant is a non-associated third party payer within the meaning of s 301(3) of the LPA in respect of the legal costs which are the subject of paragraph 5 of the orders made on 11 September 2023 in proceeding number BS 12986/21.
Question 1(c): Does the answer to question 1(a) mean that the applicants (or any of them) are not permitted to apply for the assessment of some or all of the costs referred to in the Application?
Pursuant to s 335(2) of the LPA, each of the first and second applicants are permitted to apply for an assessment of all of the legal costs which they have sought to have assessed in the originating application filed on 4 February 2025.
Pursuant to s 335(2) of the LPA, the third applicant is permitted to apply for an assessment of the legal costs which are the subject of paragraph 5 of the orders made on 11 September 2023 in proceeding number BS 12986/21.
Question 1(d): Should the court exercise its discretion pursuant to r 743C of the UCPR to give directions for an itemised bill to be prepared, filed and served in respect of some or all of the costs referred to in the Application?
No.
CATCHWORDS:
PROFESSIONS AND TRADES – LAWYERS – REMUNERATION – TAXATION AND ASSESSMENT OF COSTS – APPLICATIONS AND REFERENCES – where the first and second applicants charged property as security for the repayment of a debt owed to debenture holders – where that security was held in trust for the debenture holders by the second respondent – where the first and second applicants indemnified the second respondent for loss and damage it incurred as trustee of the security – where the first respondent…
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- Case
- [2025] QSC 198
- Decision Date
CaseChat Overview and Summary
The court was tasked with deciding whether the applicants qualified as third-party payers under the Legal Profession Act, whether they were entitled to apply for the assessment of legal costs, and whether the court should order an itemised bill to be prepared and served. The primary issue was the interpretation of the term "third party payer" in section 301 of the Legal Profession Act and the application of this definition to the specific circumstances of the case. Additionally, the court had to consider the implications of section 335(2) of the Act and rule 743C of the Uniform Civil Procedure Rules.
The court found that the first and second applicants qualified as non-associated third-party payers under section 301(3) of the Legal Profession Act. Consequently, they were permitted to apply for the assessment of the legal costs in question. The third applicant was also identified as a non-associated third-party payer regarding specific legal costs. The court ruled that these applicants could apply for the assessment of the relevant costs as permitted by section 335(2) of the Act. However, the court decided against directing that an itemised bill be prepared, filed, and served, under rule 743C of the Uniform Civil Procedure Rules.
The court’s decision clarified the status of the parties as third-party payers and their rights to apply for the assessment of legal costs. The court's findings ensured that the applicants could proceed with their applications for the assessment of legal costs, while the refusal to order an itemised bill maintained the balance between procedural fairness and the practicalities of litigation.
Orders
Orders of the court
The answers to the preliminary questions are as follows:
Question 1(a): Are the applicants (or any of them) a “third party payer” within the definition of s 301 of the LPA?
The first and second applicants are each a non-associated third party payer within the meaning of s 301(3) of the LPA in respect of all of the legal costs which they have sought to have assessed in the originating application filed on 4 February 2025.
The third applicant is a non-associated third party payer within the meaning of s 301(3) of the LPA in respect of the legal costs which are the subject of paragraph 5 of the orders made on 11 September 2023 in proceeding number BS 12986/21.
Question 1(c): Does the answer to question 1(a) mean that the applicants (or any of them) are not permitted to apply for the assessment of some or all of the costs referred to in the Application?
Pursuant to s 335(2) of the LPA, each of the first and second applicants are permitted to apply for an assessment of all of the legal costs which they have sought to have assessed in the originating application filed on 4 February 2025.
Pursuant to s 335(2) of the LPA, the third applicant is permitted to apply for an assessment of the legal costs which are the subject of paragraph 5 of the orders made on 11 September 2023 in proceeding number BS 12986/21.
Question 1(d): Should the court exercise its discretion pursuant to r 743C of the UCPR to give directions for an itemised bill to be prepared, filed and served in respect of some or all of the costs referred to in the Application?
No.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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