Application by Commonwealth Bank of Australia [2014] NSWSC 279

Supreme Court New South Wales

Medium Neutral Citation: Application by Commonwealth Bank of Australia [2014] NSWSC 279 Hearing dates: Tuesday, 18 March 2014 Decision date: 18 March 2014 Jurisdiction: Equity Division - Duty List Before: Brereton J Decision: Funds in court with any accrued interest be paid out to the applicants. Catchwords: PROCEDURE - Supreme Court procedure - New South Wales - Procedure under UCPR - payment into and out of court - application for payment out MORTGAGES - Mortgages and charges generally - priority of estates, debts and amendments REAL PROPERTY - Torrens title - caveats against dealings - whether agreement to lodgement of caveat credits a security interest Cases Cited: Coleman v Bone (1996) 2 ACCR 323 Iaconis v Lazar [2007] NSWSC 1103 Taleb v National Australia Bank Limited [2011] NSWSC 1562 Category: Principal judgment Parties: Commonwealth Bank of Australia (plaintiff) Hung Thanh Vu and Trang Thuy Nguyen (applicants) Thuy Ngoc Phung (first respondent) Thi Phan Dang (second respondent) Van Phuoc Pham (third respondent) Belinda Templeton (fourth respondent) Giang Thanh Thi Duong (fifth respondent) Representation: Solicitors: Gadens Lawyers (plaintiff) QGN Law (applicants) Vinh Duong and Associates (first to fourth respondent) Victor Lawyers (fifth respondent) File Number(s): 2012/379539