Perpetual Trustees Company Ltd; Application of Chen [2010] NSWSC 808

New South Wales Supreme Court

CITATION : Perpetual Trustees Company Ltd; Application of Chen [2010] NSWSC 808

HEARING DATE(S) : 6 July 2010; 15 July 2010; 20 July 2010

JUDGMENT DATE : 20 July 2010

JUDGMENT OF : Hallen AsJ

EX TEMPORE JUDGMENT DATE : 23 July 2010

Chen's Notice of Motion (a) That one half of the amount paid into Court by the Perpetual Trustee Company Limited in proceedings 2010/72853, together with one half of the interest accrued thereon, be paid out to Vincent Chen. (b) No order as to the costs Mr Chen's Notice of Motion. (c) Note that the issue of costs between Mr Chen and ASIC will be determined by separate agreement between them. (d) That the exhibits may be returned. DECISION : ASIC's Notice of Motion (a) Grant leave to ASIC to discontinue the Notice Of Motion filed on 1 July 2010 on the basis that it is not prevented from claiming the same relief by a fresh Notice of Motion. (b) No order as to ASIC's costs to the intent that it will pay its own costs of the Notice Of Motion. (c) No order as to Mr Chen's costs in relation to ASIC's Notice of Motion. (d) Note that the issue of costs will be determined by separate agreement between them. (e) The exhibits and documents marked for identification may be returned.

CATCHWORDS : PROCEDURE - miscellaneous procedural matters - funds paid into Court under Trustee Act Part IV - application for payment out of court - matters to be established - Held: matters required are established - order for payment made out.