NSW Caselaw
New South Wales Supreme Court
CITATION : ANZ v Maunder & Anor [2009] NSWSC 1356
HEARING DATE(S) : 27 November 2009
JUDGMENT DATE : 27 November 2009
JURISDICTION : Equity
JUDGMENT OF : Slattery J at 1
EX TEMPORE JUDGMENT DATE : 27 November 2009
ORDERS: 1 The first named defendant, namely Rebel Lisa Maunder, be amended to "the trustee of the property of Rebel Lisa Maunder, a bankrupt". DECISION : 2 The Registrar of the Supreme Court to pay from monies already paid into Court, the sum of $39,246.55 together with 50% of any interest accrued on the monies previously paid into Court, to James Alexander Shaw, the trustee of the property of Rebel Lisa Maunder, a bankrupt, care of the First Applicant's solicitors. 3 The Registrar of the Supreme Court to pay from monies already paid into Court, the sum of $39,246.55 together with 50% of any interest accrued on the monies previously paid into Court, to Bradley Darrell Maunder, care of [address not published]. 4 Each party to pay their own costs of the motion. 5 These orders may be entered forthwith.
CATCHWORDS : EQUITY - equitable remedies - mortgagee exercised power of sale - surplus proceeds of sale paid into Court - motion for payment out of court - whether applicant entitled to funds - whether any competing claimants - whether all interested parties served - calculation of interest
Trustee Act 1925 (NSW) Part 4 LEGISLATION CITED : Bankruptcy Act 1966 (Cth) s 134(1)(d) Real Property Act 1900 (NSW) s 58(3) Uniform Civil Procedure Rules 2005 (NSW) r 19.2
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