St George Bank Ltd; Application of Saveski [2011] NSWSC 1187

St George Bank Ltd; Application of Saveski [2011] NSWSC 1187

Mr and Mrs Saveski are entitled to the surplus funds remaining in Court after payment to Mr Sukoski of the agreed amount, as there are no other claimants and proper service has been effected.

Parties
Plaintiff: St George Bank Ltd; First Applicant: Goce Saveski; Second Applicant: Nikolina Saveski; Second Respondent: Armstrong Wily; Third Respondent: Anthony John Brownlee; Fourth Respondent: Reliance Credit Union Ltd; Fifth Respondent: Super Equity Invests Pty Ltd; Sixth Respondent: Dimitri Sukoski
Jurisdiction
Australia
Judgment Date
13 September 2011
Procedural Posture
Principal Judgment / Motion for Payment Out of Court
Outcome
Orders for payment out of Court made
Legal Topics
Equitable Remedies, Mortgagee Power of Sale, Surplus Proceeds of Sale, Claims on Surplus Funds
Equity Equitable Remedies Mortgagee Power of Sale Surplus Proceeds of Sale Claims on Surplus Funds

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Parties

St George Bank Ltd

Plaintiff

Goce Saveski

First Applicant

Nikolina Saveski

Second Applicant

Armstrong Wily

Second Respondent

Anthony John Brownlee

Third Respondent

Reliance Credit Union Ltd

Fourth Respondent

Super Equity Invests Pty Ltd

Fifth Respondent

Dimitri Sukoski

Sixth Respondent

Procedural Posture

Principal Judgment / Motion for Payment Out of Court

Legal Issues

  1. 1 Whether applicant entitled to surplus funds after mortgagee sale
  2. 2 Whether any competing claimants to funds
  3. 3 Whether all interested parties have been served

Ratio Decidendi

Mr and Mrs Saveski are entitled to the surplus funds remaining in Court after payment to Mr Sukoski of the agreed amount, as there are no other claimants and proper service has been effected.

Court Disposition

Orders for payment out of Court made

Orders

  • $3,500 to be paid to Mr Dimitri Sukoski out of the fund by payment into his bank account.
  • Balance of $9,082.06 together with any accrued interest to be paid to Mr and Mrs Saveski to an account in the name of both.