Parbery v Nauru Phosphate Royalties Trust [2013] NSWSC 489

Supreme Court New South Wales

Medium Neutral Citation: Parbery v Nauru Phosphate Royalties Trust [2013] NSWSC 489 Hearing dates: 29 January 2013, 30 January 2013, 5 April 2013, 3 May 2013 Decision date: 03 May 2013 Jurisdiction: Equity Division Before: Lindsay J Decision: Order that funds in court be paid out on the motion of the parties entitled to the funds Catchwords: PROCEDURE - Supreme Court procedure - New South Wales - Procedure under Uniform Civil Procedure Rules- Payment into and out of court - Receives and managers of applicants paid funds into court under Part 4 Trustee Act 1925 (NSW) - Applicants applied for payment of funds out of court - Applicants advertised notice of intended payment out of court in substantial compliance with court orders - No appearance in opposition to such application for payment out of court - Application allowed. Legislation Cited: Trustee Act 1925 NSW Part 4 Uniform Civil Procedure Rules 2005 NSW) Part 55 Division 3 Nauru Phosphate Royalties Act 1968 (Nauru) Cases Cited: - Texts Cited: - Category: Principal judgment Parties: Stephen James Parbery and Mark Julian Robinson (as Receivers and Managers of "the Nauru Entities") (Plaintiffs) Nauru Phosphate Royalties Trust; Randwick Nominees Pty Limited ACN 076 061 035; Central Pacific (Downtowner) Pty Limited ACN 061 231 614; Spencer Investments Pty Limited ACN 007 020 555; Ronsi Business Pty Limited ACN 078 865 451; and Ronsi Holdings Pty Limited ACN 078 865 406 ("the Nauru Entities"/Applicants) Representation: I.R. Pike SC (Applicants) Baker & McKenzie (Applicants) File Number(s): 2012 / 350329