In the Matter of Westpac Banking Corporation [2020] NSWSC 1630

Supreme Court New South Wales

Medium Neutral Citation: In the Matter of Westpac Banking Corporation [2020] NSWSC 1630 Hearing dates: 10 November 2020 Decision date: 10 November 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Declare that Weiren Jin and Haiqin Lu, are entitled to receive all the moneys paid into Court by Westpac Banking Corporation in respect of the surplus of the sale of the land comprised in Certificate of Title 3/270378, known as 201B Midson Road, Epping, NSW, and interest earned thereon in proportion to the debts owed them by the former registered proprietors, in the proportions 32% to Weiren Jin and 68% to Haiqin Lu. 2. Order that all the moneys paid into Court by Westpac Banking Corporation in respect of the surplus of the sale of the land comprised in Certificate of Title 3/270378, known as 201B Midson Road, Epping, NSW, and interest earned thereon be paid out to the applicants in the proportions of 32% to Weiren Jin and 68% to Haiqin Lu. Catchwords: CIVIL PROCEDURE — Payment out of Court Legislation Cited: Trustee Act 1925 (NSW), s 95 Uniform Civil Procedure Rules 2005 (NSW), rr 55.9, 55.11 Cases Cited: Bondi Beach Astra Retirement Village Pty Ltd v Hohman [2010] NSWSC 260 Butler v Fairclough (1917) 23 CLR 78; [1915] 23 CLR 78 Commonwealth Bank of Australia v The Estate of the Late Mahmoud Slieman [2010] NSWSC 661 Haiqin Lu v Qindi Shen; Weiren Jin v Qindi Shen [2018] NSWSC 560 J & H Just (Holdings) Pty Limited v The Bank of New South Wales (1971) 125 CLR 546; [1971] HCA 57 Re C & L Cameron Pty Limited [2012] NSWSC 676 Residential Housing Corporation v Esber (2011) 80 NSWLR 69; [2011] NSWCA 25 Westpac Banking Corporation [2015] NSWSC 869 Category: Procedural and other rulings Parties: Haiqin Lu (First Applicant) Weiren Jin (Second Applicant) Westpac Banking Corporation (Respondent) (No Appearance) Representation: Counsel: S Burchett (Applicants) No Appearance for the Respondent