La Trobe Capital [2009] NSWSC 1118

New South Wales Supreme Court

CITATION : La Trobe Capital [2009] NSWSC 1118

HEARING DATE(S) : 8 October 2009

JUDGMENT DATE : 8 October 2009

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

EX TEMPORE JUDGMENT DATE : 8 October 2009

ORDERS: 1. Union Fidelity is directed to serve at the registered office of Spurlet International Pty Ltd the notice of motion including and the evidence including all the additional evidence to be read and relied upon in these proceedings, together with a copy of this judgment and to do so by Friday 23 October 2009. 2. The same material described in direction (1) be served by registered post upon the sole director of Spurlet International Pty Ltd, Mr Bilaun Keomoumgkhoun at 22 Tichborne Drive Quakers Hill New South Wales 2763 by Friday 23 October 2009. DECISION : 3. The service provided for in directions 1 and 2 be accompanied by a letter clearly pointing out that these proceedings are adjourned for further hearing to Friday 30 October 2009 at 10 am before me and drawing attention to this judgment. 4. Union Fidelity file any supplementary evidence that Union Fidelity proposes to have read on this application, in light of the reasons that I have given in this judgment. This material can be delivered to my associate. 5 Adjourn the proceedings for hearing to 30 October 2009. 6. Grant liberty to apply. 7. Reserve costs.

CATCHWORDS : PROCEDURE - Claim for funds to be paid out of court under Part 4 Trustee Act - who has entitlement of funds - elements to be proved by claimant - notice to be given to other potential claimants against funds in Court.