Commonwealth Bank of Australia [2019] NSWSC 1020

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia [2019] NSWSC 1020 Hearing dates: 9 August 2019 Decision date: 09 August 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order the plaintiff (Commonwealth Bank of Australia (ACN 123 123 124)), to deposit a solicitor's trust cheque in the sum of $554,438.19 (being the amount of $572,632.66 less the plaintiff's costs of and incidental to this summons, determined to be in the sum of $18,194.47) to the Supreme Court of New South Wales in proceedings 2019/207720, such funds not to be disbursed without further order of the Court. 2. Direct the plaintiff, within seven days, to notify the in-house legal department within Macquarie Group (and/or Macquarie Group Services Australia Pty Ltd) of the orders that have been made today and requesting that (if Macquarie Group or Macquarie Group Services Australia Pty Ltd has any contact details for Mr O'Shea), Macquarie forward to Mr O'Shea a letter (to be prepared by the plaintiff) advising Mr O'Shea of the making of the payment of funds into Court and of his ability to make an application for payment out of Court of those funds. Catchwords: CIVIL PROCEDURE — Court administration — Court powers – procedure under Uniform Civil Procedure Rules 2005 (NSW) and Trustee Act 1925 (NSW) - Payment of funds into and out of court less the plaintiff's costs of and incidental to the summons Legislation Cited: National Credit Code 2009 (Cth), s 88 Real Property Act 1900 (NSW), ss 57(2)(b), 58(3) Trustee Act 1925 (NSW), s 95(1) Uniform Civil Procedure Rules 2005 (NSW), r 55.9 Category: Principal judgment Parties: Commonwealth Bank of Australia (Plaintiff) Representation: Counsel: R Bianchini (Solicitor)