Re ANZ Banking Group Ltd; Funds in Court [2014] NSWSC 1076

Supreme Court New South Wales

Medium Neutral Citation: Re ANZ Banking Group Ltd; Funds in Court [2014] NSWSC 1076 Hearing dates: 11 and 18 July 2014 Decision date: 11 August 2014 Jurisdiction: Equity Division Before: Lindsay J Decision: Orders for the part payment out of funds in court, and for a stay of other claims on those funds pending the determination of proceedings in the Federal Court of Australia or further order of this Court. Catchwords: PROCEDURE - Supreme Court procedure - New south Wales - Procedure under Uniform Civil Procedure Rules - Payment into and out of court - Due administration of funds in court - Partial payment out to satisfy claimed lien for legal costs - Prevention of abuse of processes of court - Deferral of consideration of other claims to funds pending administration of other proceedings. Legislation Cited: Bankruptcy Act 1966 Cth, s 27(1) Jurisdiction of Courts (Cross Vesting) Act 1987 Cth, s 4(1) Cases Cited: Gorkowski v Turner [2014] VSC 200 JKB Holdings Pty Limited v De La Vega [2013] NSWSC 501 at [99]-[114] NSW v The Commonwealth [No 3] (1932) 46 CLR 246 at 260-261, 262, 266 and 268 Port of Melbourne Authority v Anshun Pty Limited (1981) 147 CLR 589 at 598-604 Walton v Gardiner (1993) 177 CLR 378 at 392-393 Williams v Spautz (1992) 174 CLR 509 at 518-519 and 522) Category: Interlocutory applications Parties: Plaintiff: ANZ Bank Applicant: Schon Condon Applicant: DC Legal Applicant: Truthful Endeavours Representation: Counsel: Plaintiff (ANZ Bank): R Lewin, Solicitor of Gadens Applicant (Schon Condon): S Golledge instructed by Russo & Partners Applicant (DC Legal): P Finch instructed by DC Legal Applicant (Truthful Endeavours): P Finch instructed by DC Legal Solicitors: Plaintiff (ANZ Bank): Gadens Applicant (Schon Condon): Russo & Partners Applicant (DC Legal): DC Legal Applicant (Truthful Endeavours): DC Legal File Number(s): 2014/140779