The Prothonotary v An application to pay unclaimed monies to NSW Treasury [2013] NSWSC 1962

The Prothonotary v An application to pay unclaimed monies to NSW Treasury [2013] NSWSC 1962

The Court was satisfied that the UCPR r 41.10 prerequisites were met, or should be dispensed with under s 14 of the Civil Procedure Act 2005 (NSW), for the non-bail unclaimed funds, and that it was appropriate to direct payment to the Treasurer because there was no utility in the Court retaining the funds indefinitely and UCPR r 41.10(4)-(5) protected later claimants. Bail monies could not be dealt with under UCPR r 41.10 because they related to criminal proceedings, but they were money on deposit held by an enterprise and, after reasonable efforts to pay the owners, were unclaimed money under the Unclaimed Money Act 1995 (NSW), justifying payment to the Chief Commissioner of State...

Jurisdiction
Australia
Judgment Date
20 December 2013
Procedural Posture
Application for Directions and Orders Concerning Unclaimed Monies Held in the Trust Account of the Supreme Court of New South Wales / In Chambers
Outcome
Orders made for payment of specified amounts from the Supreme Court Trust Account to the Treasurer and to the Chief Commissioner of State Revenue for payment into the Consolidated Fund.
Legal Topics
['unclaimed Monies' 'supreme Court Trust Account' 'payment Into the Consolidated Fund' 'ucpr R 41.10 Directions' 'unclaimed Bail Monies' 'unclaimed Money Act 1995 (nsw)']
['equity' 'trusts and Trustees' 'civil Procedure' 'unclaimed Money' 'criminal Procedure'] ['unclaimed Monies' 'supreme Court Trust Account' 'payment Into the Consolidated Fund' 'ucpr R 41.10 Directions' 'unclaimed Bail Monies' 'unclaimed Money Act 1995 (nsw)']

Case Brief

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Procedural Posture

Application for Directions and Orders Concerning Unclaimed Monies Held in the Trust Account of the Supreme Court of New South Wales / In Chambers

Legal Issues

  1. 1 ['Whether the prerequisites for a direction under UCPR r 41.10 were satisfied for unclaimed funds held in the Supreme Court trust account other than bail monies.' 'Whether the Court should exercise its discretion to direct payment of those unclaimed funds to the Treasurer for payment into the Consolidated Fund.' 'Whether unclaimed bail monies could be dealt with under UCPR r 41.10 or instead under the Unclaimed Money Act 1995 (NSW).' 'Whether reasonable efforts had been made to identify, locate and pay the owners of the unclaimed monies.']

Ratio Decidendi

The Court was satisfied that the UCPR r 41.10 prerequisites were met, or should be dispensed with under s 14 of the Civil Procedure Act 2005 (NSW), for the non-bail unclaimed funds, and that it was appropriate to direct payment to the Treasurer because there was no utility in the Court retaining the funds indefinitely and UCPR r 41.10(4)-(5) protected later claimants. Bail monies could not be dealt with under UCPR r 41.10 because they related to criminal proceedings, but they were money on deposit held by an enterprise and, after reasonable efforts to pay the owners, were unclaimed money under the Unclaimed Money Act 1995 (NSW), justifying payment to the Chief Commissioner of State...

Court Disposition

Orders made for payment of specified amounts from the Supreme Court Trust Account to the Treasurer and to the Chief Commissioner of State Revenue for payment into the Consolidated Fund.

Orders

  • ['The Court directs the Registrar to pay the amounts set out in the schedules annexed and marked "B" to the affidavit of Alexander Crouch dated 16 December 2013: (a) in respect of the amount of $282,520.45 relating to civil proceedings, to the Treasurer; and (b) in respect of the amount of $32,000 relating to monies...