La Trobe Capital & Mortgage Corporation Limited [No 2] [2009] NSWSC 1372

La Trobe Capital & Mortgage Corporation Limited [No 2] [2009] NSWSC 1372

No order for payment out of funds in court can be made until both Union Fidelity and Mortgages Galore remedy deficiencies in evidence, especially regarding notice to all potential claimants and proof of their respective entitlements. Each claimant must establish service on Spurlet and provide affidavit evidence negating existence of other claimants before an order can be made.

Jurisdiction
Australia
Judgment Date
09 December 2009
Procedural Posture
Application for Payment of Funds Out of Court / Interlocutory – Awaiting Further Evidence Before Order Can Be Made
Outcome
No order made until further evidence is provided by both parties.
Legal Topics
['funds in Court' 'payment Out of Court' 'equitable Charges' 'mortgage Priorities' 'procedural Requirements']
['equity' 'civil Procedure'] ['funds in Court' 'payment Out of Court' 'equitable Charges' 'mortgage Priorities' 'procedural Requirements']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Payment of Funds Out of Court / Interlocutory – Awaiting Further Evidence Before Order Can Be Made

Legal Issues

  1. 1 ['Whether Union Fidelity and Mortgages Galore have established equitable interests in the funds in court and are entitled to payment out' 'Whether all potential competing claimants to the funds have been properly notified' 'Whether Mortgages Galore has filed an adequate application and evidence to support its claim']

Ratio Decidendi

No order for payment out of funds in court can be made until both Union Fidelity and Mortgages Galore remedy deficiencies in evidence, especially regarding notice to all potential claimants and proof of their respective entitlements. Each claimant must establish service on Spurlet and provide affidavit evidence negating existence of other claimants before an order can be made.

Court Disposition

No order made until further evidence is provided by both parties.

Orders

  • []