National Australia Bank Ltd; Application of Gilder [2011] NSWSC 1227

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Ltd; Application of Gilder [2011] NSWSC 1227 Hearing dates: 22 September 2011 Decision date: 22 September 2011 Jurisdiction: Equity Division - Duty List Before: Rein J Decision: See [6] 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 Cases Cited: Avco Financial Services Ltd v Commonwealth Bank (1989) 17 NSWLR 679 Commonwealth Bank of Australia v the Estate of the late Mahmoud Slieman [2010] NSWSC 661 Category: Principal judgment Parties: National Australia Bank Ltd (plaintiff) Melanie Katrina Gilder (applicant) Richard Albarran (first respondent) Dominic Calbretta (second respondent) Fairfax Media Ltd (third respondent) Leanne Crouch (fourth respondent) Coastal Tipper Hire Pty Ltd (fifth respondent) Yakka Pty Ltd (sixth respondent) Edward Gilder (seventh respondent) Representation: C Bannan (applicant) M McNally (trustee of the bankrupt estate of the seventh respondent - also mentions the appearance of the third respondent) J Merkel (fifth respondent) Reimer Winter Williamson (applicant) Aston Reid Lawyers (third respondent) Morgan Conley Solicitors (fifth respondent) Lobban McNally Lawyers (trustee in bankruptcy of the seventh respondent) File Number(s): SC 2011/380889