Champion Homes Sales Pty Ltd v JKAM Investments Pty Ltd [2016] NSWSC 1607

Supreme Court New South Wales

Medium Neutral Citation: Champion Homes Sales Pty Ltd v JKAM Investments Pty Ltd [2016] NSWSC 1607 Hearing dates: 14 November 2016 Date of orders: 14 November 2016 Decision date: 14 November 2016 Jurisdiction: Equity Before: Kunc J Decision: Funds to be paid to plaintiff Catchwords: EQUITY – Equitable estates and interests – Claim to funds paid into Court by mortgagee – UCPR Part 55 r 55.11

ESTOPPEL – Issue estoppel — Court had determined priorities – Whether defendant could now assert no monies owed to which plaintiff's priority claim attached Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Blair v Curran (1939) 62 CLR 464; [1939] HCA 23 Champion Homes Sales Pty Ltd v JKAM Investments Pty Ltd; Hotray Pty Ltd v JKAM Investments Pty Ltd [2014] NSWSC 952 Texts Cited: Ritchie's Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural and other rulings Parties: Champion Homes Sales Pty Ltd (ACN 082 497 247) (Plaintiff) JKAM Investments Pty Ltd (ACN 159 084 018) (First Defendant) Karl Damien (Second Defendant) Representation: Counsel: C. Stomo (Plaintiff) M. Mando (First Defendant)

Solicitors: Kedron Legal (Plaintiff) JK Solicitors (First Defendant) File Number(s): 2014/21077 Publication restriction: No

EX TEMPORE Judgment

Summary 1. HIS HONOUR: By notice of motion dated 9 May 2016 the plaintiff, Champion Homes Sales Pty Ltd ("Champion"), seeks a direction under Uniform Civil Procedure Rules Pt 55 r 55.11 for a sum of $365,319.82 (the "Sum"), which was paid into Court by the National Australia Bank ("NAB"), to be paid to Champion. The other parties who are interested in the Sum are the first defendant, JKAM Investments Pty Ltd ("JKAM"), and Hotray Pty Ltd ("Hotray"). The Court is satisfied that Champion is entitled to a direction that the Sum be paid out to Champion.