NSW Caselaw
New South Wales Supreme Court
CITATION : Application by Perpetual Limited ACN 000 431 827; C & L Cameron Pty Limited ACN 001 263 458 & Singh [2010] NSWSC 1340
HEARING DATE(S) : 18 November 2010 29 November 2010
JUDGMENT DATE : 1 December 2010
JUDGMENT OF : Hallen AsJ
1. I order that: DECISION : (a) the amount paid into Court by the Plaintiff, together with the interest accrued thereon up to and including the date of the payment out, shall be paid out to C & L Cameron Pty Limited. (b) Mrs Singh should pay one half of the Applicant's costs, of the application; she should pay all the Applicant's costs of 29 November 2010. Otherwise, and to the extent that those costs are not paid by her, they may be paid out of the Funds paid into Court.
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.
Real Property Act 1900 LEGISLATION CITED : Trustee Act 1925 Uniform Civil Procedure Rules 2005
CATEGORY : Procedural and other rulings
Adams v Bank of NSW [1984] 1 NSWLR 285 Avco Financial Services Ltd v Commonwealth Bank of Australia (1989) 17 NSWLR 679 Bank of NSW v Adams [1982] 2 NSWLR 659 and on appeal [1984] 1 NSWLR 285 Bofinger & Anor v Kingsway Group Limited & Ors [2009] HCA 44 Commonwealth Bank of Australia v The Estate of the Late Mahmoud Slieman [2010] NSWSC 661 Elderly Citizens Homes of SA Inc v Balnaves (1998) 72 SASR 210 Ginelle Pty Limited v Singh & Anor [2010] NSWSC 1166 CASES CITED : Harmer v Federal Commissioner of Taxation [1991] HCA 51 Hope v Hope [1977] 1 NZLR 582 In Re Gordon; Ex Parte Navalchand [1897] 2 QB 516 Kerabee Park Pty Ltd v Daley [1978] 2 NSWLR 222 La Trobe Capital and Mortgage Corporation Ltd [No 2] [2009] NSWSC 1372 Marcel Esber v Kimberley Securities Ltd [2009] NSWSC 1922 Re Murrell; ex parte Official Trustee in Bankruptcy [1984] FCA 314; (1984) 57 ALR 85 Re S & D International Pty Ltd (in liq) (rec & mgr apptd) [2009] VSC 225 Re Thompson's Mortgage Trusts [1920] 1 Ch 508
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate