NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Perpetual Trustee Company Ltd v Ankat Investment Pty Ltd [2019] NSWSC 829 Hearing dates: 27 June 2019 Date of orders: 27 June 2019 Decision date: 03 July 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Direct that the surplus proceeds in the sum of $8,539.75 from the sale of the land comprised in Certificate of Title Folio Identifier 189/SP66339, and known as the Chiswick property, be paid into the trust account of Kekatos Lawyers Pty Ltd as the solicitors for the applicant. Catchwords: CIVIL PROCEDURE - Proceeds paid into Court by mortgagee under Trustee Act 1925 (NSW), Pt 4 - Proceeds represent surplus from sale of mortgage of land - Application for payment out of Court - Procedure under Uniform Civil Procedure Rules - Order for payment out of Court of whole of surplus to the applicant Legislation Cited: Bankruptcy Act 1966 (Cth), s 58(5) Trustee Act 1925 (NSW), Pt 4 Uniform Civil Procedure Rules 2005 (NSW), r 55.11 Cases Cited: Cardile v Led Builders Pty Ltd (1999) 198 CLR 380; [1999] HCA 18 Morris Finance Ltd v Brown [2017] FCAFC 97 Morris Finance Ltd v Free [2017] NSWSC 1417. Pepper Finance Corporation Limited v Maloney [2013] NSWSC 890 Category: Principal judgment Parties: Perpetual Trustee Company Limited (Plaintiff) Ankat Investments Pty Ltd (Defendant) Representation: Counsel: A Katsoulas (Plaintiff)
Solicitors: Kekatos Lawyers (Plaintiff) File Number(s): 2018/00352873 Publication restriction: Nil
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