Re Gateway Credit Union Pty Limited; Hodges v Turley [2013] NSWSC 1058

Re Gateway Credit Union Pty Limited; Hodges v Turley [2013] NSWSC 1058

Because the evidence established the arrangements between Ms Hodges and Mr Turley concerning the Property, their respective contributions, and fair calculations of Ms Hodges' entitlement, and because Mr Turley had been notified but did not appear, Ms Hodges was entitled to payment from the balance paid into Court, including specified principal, interest entitlements and costs assessed on the ordinary basis.

Jurisdiction
Australia
Judgment Date
06 August 2013
Procedural Posture
Notice of Motion for Directions as to Disposition of Surplus Proceeds of Sale Paid Into Court After Mortgagee Sale / Duty List; Ex Tempore Judgment; Directions Given
Outcome
Directions given; Ms Hodges' notice of motion disposed of; order for payment stayed until 10 am on 20 August 2013 to permit further notice to Mr Turley.
Legal Topics
['sale Under Power' 'mortgagee in Possession' 'surplus Proceeds Paid Into Court' 'directions for Payment Out' 'costs']
['mortgages' 'property Law' 'civil Procedure'] ['sale Under Power' 'mortgagee in Possession' 'surplus Proceeds Paid Into Court' 'directions for Payment Out' 'costs']

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Procedural Posture

Notice of Motion for Directions as to Disposition of Surplus Proceeds of Sale Paid Into Court After Mortgagee Sale / Duty List; Ex Tempore Judgment; Directions Given

Legal Issues

  1. 1 ['Whether Ms Hodges was entitled to directions for disposition of the balance of sale proceeds paid into Court after Gateway sold the Property as mortgagee in possession.' "Whether the proceeding could continue in Mr Turley's absence after notice was given to him by email and LinkedIn notification." "Whether Ms Hodges' costs of the notice of motion should be assessed forthwith and paid from the balance paid into Court."]

Ratio Decidendi

Because the evidence established the arrangements between Ms Hodges and Mr Turley concerning the Property, their respective contributions, and fair calculations of Ms Hodges' entitlement, and because Mr Turley had been notified but did not appear, Ms Hodges was entitled to payment from the balance paid into Court, including specified principal, interest entitlements and costs assessed on the ordinary basis.

Court Disposition

Directions given; Ms Hodges' notice of motion disposed of; order for payment stayed until 10 am on 20 August 2013 to permit further notice to Mr Turley.

Orders

  • ['Ms Hodges is entitled to $198,131.86 from the money initially paid into Court.' 'Ms Hodges is entitled to 52% of the interest that has accrued on that money.' 'Ms Hodges is entitled to all of the interest that has accrued on the money paid into Court by Gateway on or about 26 July 2013.' 'Ms Hodges is entitled to...