Wei and Wei (No 2)

In *Wei and Wei (No 2)*, Justice Wilson of the Supreme Court of Western Australia considered a dispute concerning the distribution of funds held in trust accounts between the applicant and the respondent. The case involved the division of these funds, which were subject to competing claims.

The central legal issue before the court was how to equitably distribute the funds held in the trust accounts, taking into account the respective entitlements of the applicant and the respondent, as well as the claim of a third party, J Lawyers Pty Ltd, for legal costs. The court was required to determine the appropriate percentages of the trust funds to be allocated to each party and to consider the enforceability of any charges over those funds.

Justice Wilson reasoned that a division of the trust funds was necessary to reflect the parties' respective interests and to satisfy the claim of J Lawyers Pty Ltd. The court ordered that 65% of the trust funds, amounting to $261,761.54, be paid to the respondent. The applicant was found to be entitled to the remaining 35%, totalling $140,948.52. Crucially, this sum allocated to the applicant was subject to an enforceable equitable charge in favour of J Lawyers Pty Ltd, to whom $133,765.39 was ordered to be paid forthwith from the trust accounts. The remaining balance of $7,183.13 was to be paid to the applicant. The proceeding was otherwise dismissed.