Parbery v Nauru Phosphate Royalties Trust [2013] NSWSC 489

Parbery v Nauru Phosphate Royalties Trust [2013] NSWSC 489

Because the evidence was probative of the Applicants' entitlement to the funds, the funds represented surplus proceeds of sale of the Applicants' properties after discharge of secured loan facilities, notice of the application had been published in Australia and Nauru in substantial compliance with the Court's directions, and no person appeared or communicated any competing claim or objection, it was appropriate to order payment out to the Applicants' solicitors.

Jurisdiction
Australia
Judgment Date
03 May 2013
Procedural Posture
Application for Payment Out of Funds in Court / Notice of Motion; Principal Judgment
Outcome
Application allowed; funds in court ordered to be paid out to the Applicants' solicitors.
Legal Topics
['payment Into and Out of Court' 'funds in Court' 'trustee Act Payment Into Court' 'uniform Civil Procedure Rules' 'receivers and Managers' 'notice by Advertisement']
['civil Procedure' 'equity' 'trusts'] ['payment Into and Out of Court' 'funds in Court' 'trustee Act Payment Into Court' 'uniform Civil Procedure Rules' 'receivers and Managers' 'notice by Advertisement']

Case Brief

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Procedural Posture

Application for Payment Out of Funds in Court / Notice of Motion; Principal Judgment

Legal Issues

  1. 1 ['Whether funds paid into court by receivers and managers under Part 4 of the Trustee Act 1925 NSW and Part 55 Division 3 of the Uniform Civil Procedure Rules 2005 NSW should be paid out to the Applicants.' 'Whether publication of notice of the intended payment out and the absence of any opposition or competing claim justified an order for payment out of court.']

Ratio Decidendi

Because the evidence was probative of the Applicants' entitlement to the funds, the funds represented surplus proceeds of sale of the Applicants' properties after discharge of secured loan facilities, notice of the application had been published in Australia and Nauru in substantial compliance with the Court's directions, and no person appeared or communicated any competing claim or objection, it was appropriate to order payment out to the Applicants' solicitors.

Court Disposition

Application allowed; funds in court ordered to be paid out to the Applicants' solicitors.

Orders

  • ['The amount of $85,215,466.21 paid into court on 9 November 2012, and any interest accrued on that amount, be paid out of court (net of any expenses payable in the ordinary course) to Messrs Baker & McKenzie as the solicitors on the record for the Applicants.']