TAFE Commission v Cordoba [2020] NSWSC 1377

TAFE Commission v Cordoba [2020] NSWSC 1377

Because the funds were under the Court's control, all relevant claimants were before the Court, there were no rival claims, and the first defendant and proposed second defendant consented to the division of funds, it was appropriate to order payment out to the applicant in partial satisfaction of its judgment debt and payment of the balance to the proposed second defendant.

Jurisdiction
Australia
Judgment Date
09 October 2020
Procedural Posture
Notice of Motion for Payment Out of Funds in Court and Related Consent Orders / Application by Notice of Motion Filed 31 August 2020
Outcome
Relief sought in the notice of motion filed 31 August 2020 granted and consent orders made.
Legal Topics
['funds in Court' 'payment Out of Court' 'judgment Debt' 'consent Orders' 'freezing Orders' 'mortgagee Sale Surplus']
['civil Procedure' 'enforcement of Judgments'] ['funds in Court' 'payment Out of Court' 'judgment Debt' 'consent Orders' 'freezing Orders' 'mortgagee Sale Surplus']

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Procedural Posture

Notice of Motion for Payment Out of Funds in Court and Related Consent Orders / Application by Notice of Motion Filed 31 August 2020

Legal Issues

  1. 1 ['Whether funds paid into Court from mortgagee sales should be paid out to the applicant in satisfaction of a judgment debt and the balance to the proposed second defendant.' 'Whether all relevant claimants to the funds were before the Court and consented to the proposed orders.']

Ratio Decidendi

Because the funds were under the Court's control, all relevant claimants were before the Court, there were no rival claims, and the first defendant and proposed second defendant consented to the division of funds, it was appropriate to order payment out to the applicant in partial satisfaction of its judgment debt and payment of the balance to the proposed second defendant.

Court Disposition

Relief sought in the notice of motion filed 31 August 2020 granted and consent orders made.

Orders

  • ['The applicant is entitled to $339,898.36.' 'The applicant is absolutely entitled to the $1,386.00 paid to it by the mortgagee on sale of the property.' '$338,512.36 is to be paid to the applicant out of the $458,410.73 held in Court in satisfaction of a judgment debt owed by the first defendant.' 'The proposed...