In the matter of Westpac Banking Corporation [2023] NSWSC 170

In the matter of Westpac Banking Corporation [2023] NSWSC 170

The applicant established a proprietary interest in the funds paid into court via an agreement with the other potential claimant, and all procedural requirements for payment out were met, including proper notice to all interested parties; thus, an order for payment out to the applicant's solicitors for distribution in accordance with the agreement was justified.

Parties
Plaintiff: Westpac Banking Corporation; Applicant/interested Party: Zohre Hasgul
Jurisdiction
Australia
Judgment Date
01 March 2023
Procedural Posture
Application for Payment Out of Court Funds Paid Into Court Under Trustee Act 1925 (nsw) Pt 4 / Orders Made for Payment Out of Court
Outcome
Order for payment of funds out of court in favour of Zohre Hasgul (and her solicitors) for distribution per the agreement with Okan Hasgul.
Legal Topics
Funds in Court, Trusts, Payment Out of Court, Equitable Assignment, Notice of Motion
Equity Civil Procedure Funds in Court Trusts Payment Out of Court Equitable Assignment Notice of Motion

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Parties

Westpac Banking Corporation

Plaintiff

Zohre Hasgul

Applicant/interested Party

Procedural Posture

Application for Payment Out of Court Funds Paid Into Court Under Trustee Act 1925 (nsw) Pt 4 / Orders Made for Payment Out of Court

Legal Issues

  1. 1 Whether the applicant is entitled to an order for payment out of moneys held in Court under Trustee Act 1925 (NSW) Pt 4
  2. 2 Whether the applicant has a proprietary interest in the funds held in court
  3. 3 Whether all potential claimants have been given notice of the application

Ratio Decidendi

The applicant established a proprietary interest in the funds paid into court via an agreement with the other potential claimant, and all procedural requirements for payment out were met, including proper notice to all interested parties; thus, an order for payment out to the applicant's solicitors for distribution in accordance with the agreement was justified.

Court Disposition

Order for payment of funds out of court in favour of Zohre Hasgul (and her solicitors) for distribution per the agreement with Okan Hasgul.

Orders

  • Zohre Hasgul be joined as a defendant to these proceedings.
  • The whole of the funds paid into court by the plaintiff together with any interest be paid out to the trust account of Abbas Jacobs Lawyers for distribution in accordance with the agreement between Zohre Hasgul and Okan Hasgul dated 6 October 2021.