Westpac Banking Corporation: Application of Xiao [2024] NSWSC 429

Supreme Court New South Wales

Medium Neutral Citation: Westpac Banking Corporation: Application of Xiao [2024] NSWSC 429 Hearing dates: 21 March 2024 (hearing) 17 April 2024 (supplementary evidence adduced) Date of orders: 22 April 2024 Decision date: 22 April 2024 Jurisdiction: Equity Before: Meek J Decision: Order made for payment out. Catchwords: MORTGAGES — Payment of funds into Court — Application for payment out of surplus funds by persons claiming to be registered proprietors of the property — Requirements as to payment out of funds specified — Importance of applicants for payment out identifying themselves not merely as persons having the same name as the registered proprietor, but also connection with the property — Order made for payment out of funds after supplementary evidence as to identity provided EVIDENCE — means of proof of identity briefly discussed WORDS — "skip tracing" Legislation Cited: Trustee Act 1925 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Commonwealth Bank of Australia v Estate of the late Mahmoud Slieman [2010] NSWSC 661 In the matter of Elegant Swan Pty Ltd (in liquidation) (controllers appointed) [2022] NSWSC 1451 Perpetual Trustee Co Ltd [2018] NSWSC 734 Re Williams; Ex parte Whatmore's Sports Centre (1965) 7 FLR 101 Texts Cited: Macquarie Dictionary, online ed Category: Principal judgment Parties: Westpac Banking Corporation (Plaintiff) Guangwei Xiao (First Applicant) Yao Xiao (Second Applicant) Representation: Solicitors: Ren Zhou Lawyers (Applicants) File Number(s): 2020/273718