Application by Perpetual Trustees Victoria Limited [2018] NSWSC 292

Application by Perpetual Trustees Victoria Limited [2018] NSWSC 292

Ms James is entitled to all of the Proceeds as she remains owed at least $404,000 under prior Federal Circuit Court orders, and Mr Campo's claims of offset are unsubstantiated and inadmissible in these proceedings.

Jurisdiction
Australia
Judgment Date
07 March 2018
Procedural Posture
Civil Procedure Money Paid Into Court / Application for Distribution of Money Paid Into Court
Outcome
Application granted. Ms James is entitled to the Proceeds.
Legal Topics
['money Paid Into Court' 'entitlement to Proceeds of Sale' 'enforcement of Federal Circuit Court Orders']
['civil Procedure' 'equity'] ['money Paid Into Court' 'entitlement to Proceeds of Sale' 'enforcement of Federal Circuit Court Orders']

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Procedural Posture

Civil Procedure Money Paid Into Court / Application for Distribution of Money Paid Into Court

Legal Issues

  1. 1 ['Who is entitled to the surplus proceeds of the mortgagee sale of the Bensville property paid into Court?' 'Is the respondent entitled to any part of the proceeds based on claims for repairs, improvements, or payments?' "Does the applicant's entitlement under Federal Circuit Court orders override any claim by the respondent?"]

Ratio Decidendi

Ms James is entitled to all of the Proceeds as she remains owed at least $404,000 under prior Federal Circuit Court orders, and Mr Campo's claims of offset are unsubstantiated and inadmissible in these proceedings.

Court Disposition

Application granted. Ms James is entitled to the Proceeds.

Orders

  • ['The money paid into court ($208,693.15) is to be paid to Ms James.']