In the matter of Part IV Trustee Act 1925 (No 2) [2017] NSWSC 1449

In the matter of Part IV Trustee Act 1925 (No 2) [2017] NSWSC 1449

Based on the additional affidavit and relevant annexures, the court is satisfied that Mr Murray William Priestley is the person entitled to the fund, and orders payment out accordingly under r 41.11 UCPR 2005 (NSW).

Jurisdiction
Australia
Judgment Date
24 October 2017
Procedural Posture
Application for Payment of Unclaimed Funds / Chambers Decision
Outcome
Application granted; payment out of fund ordered.
Legal Topics
['unclaimed Funds' 'payment Out of Court' 'mortgagee Sale']
['civil Procedure'] ['unclaimed Funds' 'payment Out of Court' 'mortgagee Sale']

Case Brief

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Procedural Posture

Application for Payment of Unclaimed Funds / Chambers Decision

Legal Issues

  1. 1 ['Whether the applicant is entitled to payment of unclaimed funds paid into court as surplus proceeds of mortgagee sale']

Ratio Decidendi

Based on the additional affidavit and relevant annexures, the court is satisfied that Mr Murray William Priestley is the person entitled to the fund, and orders payment out accordingly under r 41.11 UCPR 2005 (NSW).

Court Disposition

Application granted; payment out of fund ordered.

Orders

  • ['Under r 41.11 Uniform Civil Procedure Rules 2005 (NSW), upon receipt of a duly signed authority, the whole of the fund paid into Court and interest thereon be paid out to Frank Mathey, solicitor for Murray William Priestley, who shall be liable to account to the applicant for the monies according to law.' 'Vacate...