Application by Westpac Banking Corporation [2013] NSWSC 433

Given compliance with procedural rules, supporting affidavit, service on interested parties, and no opposition, leave to pay the surplus funds into Court should be granted.

Jurisdiction: Australia
Judgment Date: 23 April 2013
Procedural Posture: Application/summons / Interlocutory
Outcome: Leave granted to pay into Court
Legal Topics: ['payment Into Court' 'surplus Funds From Sale Under Mortgage']

['civil Procedure'] ['payment Into Court' 'surplus Funds From Sale Under Mortgage']

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Procedural Posture

Application/summons / Interlocutory

Legal Issues

1 ['Whether leave should be granted to pay surplus funds ($47,776.58) into Court under r 55.9 of the Uniform Civil Procedure Rules 2005 following a sale under mortgage']

Ratio Decidendi

Given compliance with procedural rules, supporting affidavit, service on interested parties, and no opposition, leave to pay the surplus funds into Court should be granted.

Court Disposition

Leave granted to pay into Court

Orders

['Plaintiff has leave to pay into Court the sum of $47,776.58']