Application by Westpac Banking Corporation [2013] NSWSC 433

Supreme Court New South Wales

Medium Neutral Citation: Application by Westpac Banking Corporation [2013] NSWSC 433 Hearing dates: 23 April 2013 Decision date: 23 April 2013 Jurisdiction: Common Law Before: Schmidt J Decision: Leave granted to plaintiff to pay into Court the sum of $47,776.58 Catchwords: PROCEDURE - miscellaneous procedural matters - order seeking funds to be paid into Court - order granted Legislation Cited: Trustee Act 1925 Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: Westpac Banking Corporation ACN 007 457 141 (Plaintiff) Liem Du Tran (Interested Party 1) Thi Chin Nguyen (Interested Party 2) Van Sang Nguyen (Interested Party 3) Paul Leroy (Interested Party 4) Representation: Solicitors: Ms A Doudman, Henry Davis York (Plaintiff) Mr N Nguyen, Lai & Nguyen Lawyers (Interested Party 1) Ms V Botsikas, Bartier Perry (Interested Party 4) File Number(s): 2013/108882 Publication restriction: None

EXTEMPORE Judgment 1By summons filed on 10 April 2013, the plaintiff, Westpac Banking Corporation, seeks leave to pay into Court the sum of $47,776.58 pursuant to r 55.9 of the Uniform Civil Procedure Rules 2005. Rule 55.9 appears in Division 3 ("Payment into court") of Part 55 ("Matters arising under the Trustee Act 1925"). 2Rule 55.10 requires that an affidavit in support of a summons brought under r 55.9 be provided in particular terms. In this case the summons is supported by an affidavit sworn by Ms Baran, a paralegal employed by Henry Davis York, the plaintiff's solicitor. Ms Baran deposes to the circumstances in which the application has come to be made. 3In short, they are that Westpac was the first registered mortgagee of a property located at Hoxton Park. It took vacant possession of the property in November 2012 and the sale of the property was settled in March 2013. The surplus from the sale, after deduction of items outlined in the affidavit, is in an amount of $47,776.58. 4The affidavit identifies persons who might be interested in that sum, other than the State of New South Wales. Ms Doudman, appearing today for Westpac, has indicated that the application has been served on all interested parties there identified and that it is proposed that it will also be served on the State. 5None of the interested parties who have appeared today oppose the application and in the circumstances disclosed by the affidavit I am satisfied that the leave which is sought ought to be granted. 6For these reasons I order that the plaintiff have leave to pay into Court the sum of $47,776.58.