Vartanians v St Gregory's Armenian School Inc(2) The Commonwealth Bank of Australia v Michael Ghougassian

[2011] NSWSC 406

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. PROCEDURE — account — taking of account — mortgagor and mortgagee — who is accounting party and who is non-accounting party — where onus lies — PROCEDURE — moneys in court — balance of proceeds of sale of mortgaged property — where taking of account between mortgagor and mortgagee pending — moneys in court substantially exceed total claimed by mortgagee — whether that excess should be paid out to mortgagor or left in court to be paid out as and when mortgagor's liquidator shows a proper need for funds for the purposes of the winding up