Perpetual Ltd; Application of Caveat Lenders [2009] NSWSC 776

Perpetual Ltd; Application of Caveat Lenders [2009] NSWSC 776

All parties who might have an interest in the funds paid into court consented to the application, so the Court ordered payment out to Caveat Lenders Pty Ltd in accordance with paragraph 1 of the Notice of Motion filed on 14 July 2009.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 July 2009
Procedural Posture
Application for Payment Out of Surplus Funds Paid Into Court / Notice of Motion; Ex Tempore Judgment
Outcome
Order in terms of paragraph 1 of the notice of motion; order may be entered forthwith.
Legal Topics
['payment Out of Funds Paid Into Court' 'unregistered Mortgage' 'caveats' 'surplus Sale Proceeds']
['equity' 'mortgages'] ['payment Out of Funds Paid Into Court' 'unregistered Mortgage' 'caveats' 'surplus Sale Proceeds']

Source-derived case record

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Procedural Posture

Application for Payment Out of Surplus Funds Paid Into Court / Notice of Motion; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the surplus funds paid into court by Perpetual Trustee Limited should be paid out to Caveat Lenders Pty Ltd.']

Ratio Decidendi

All parties who might have an interest in the funds paid into court consented to the application, so the Court ordered payment out to Caveat Lenders Pty Ltd in accordance with paragraph 1 of the Notice of Motion filed on 14 July 2009.

Court Disposition

Order in terms of paragraph 1 of the notice of motion; order may be entered forthwith.

Orders

  • ['The amount of surplus funds paid into court by Perpetual Trustee Limited be paid out to Caveat Lenders Pty Ltd.' 'Order in terms of paragraph 1 of the Notice of Motion filed on 14 July 2009.' 'The order may be entered forthwith.']