In the matter of Part IV Trustee Act 1925 [2017] NSWSC 1429

In the matter of Part IV Trustee Act 1925 [2017] NSWSC 1429

Due to the discrepancy in the spelling of Mr Priestley's surname and the significance of the amount in question, further clarification is required to establish his entitlement to the funds before payment can be ordered.

Jurisdiction
Australia
Judgment Date
16 October 2017
Procedural Posture
Application / Interlocutory Hearing; Adjournment
Outcome
Adjourned for further hearing.
Legal Topics
['unclaimed Funds' 'application Under UCPR R 41.10' 'payment Out of Court' 'verification of Identity']
['civil Procedure'] ['unclaimed Funds' 'application Under UCPR R 41.10' 'payment Out of Court' 'verification of Identity']

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Procedural Posture

Application / Interlocutory Hearing; Adjournment

Legal Issues

  1. 1 ['Whether Mr Murray William Priestley is entitled to payment out of moneys held in court as surplus from a mortgagee sale' 'Whether the identity of Mr Priestley as the mortgagor is adequately verified given discrepancies in name spelling']

Ratio Decidendi

Due to the discrepancy in the spelling of Mr Priestley's surname and the significance of the amount in question, further clarification is required to establish his entitlement to the funds before payment can be ordered.

Court Disposition

Adjourned for further hearing.

Orders

  • ['The matter is adjourned for further hearing before Campbell J on 27 October 2017 at 9.30am.']