Andrew O’Brien KC appeared on behalf of the fourth respondent, instructed by RBG Lawyers.
The central focus of the appeal was whether the primary judge erred in not making an order granting priority in a receivership for payment in favour of Enyo Lawyers (the appellant), as a result of Enyo claiming an equitable lien arising from cost orders made in favour of its client, CBC (the third respondent), whom Enyo acted for in 2022 and 2023.
The first and second respondents (unsecured creditors of CBC) contended that, absent a specific fund to which the lien could attach, the primary judge’s decision was correct and an order granting Enyo priority should be refused. The receiver (the fourth respondent) adopted a neutral position.
Brown JA (Boddice JA and Kelly J agreeing) allowed the appeal, ordering that priority be given to Enyo’s equitable interest arising out of the cost orders, in respect of monies recovered pursuant to those orders.
The judgment can be read by clicking here
