In the matter of C & L Cameron Pty Ltd - GB Gazzana v Nadalan Enterprises Pty Ltd; AF Gazzana v Nadalan Enterprises Pty Ltd

[2012] NSWSC 676

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. PRACTICE AND PROCEDURE - application for payment out of moneys presently held in Court - fund represents surplus proceeds after mortgagee sale of property then jointly owned by applicants/cross-respondents - applicants have established a prima facie entitlement to the fund - whether established that the respondent does not have an interest in the fund - HELD - not satisfied on evidence before the Court that the applicants have established that the respondent has no valid claim