National Australia Bank Ltd; Application of Avant Garde Investments Pty Ltd (rec apptd) (in liq)

[2023] NSWSC 1153

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Practice and Procedure
2. › application for payment out of court of monies representing surplus funds held after mortgagee sale of property
3. › Uniform Civil Procedure Rules 2005 (NSW), r 55.11
4. › whether the applicant has established prima facie entitlement to the monies
5. › HELD
6. › applicant has established entitlement to the monies
7. › order for payment made out
1. Contracts
2. › interpretation
3. › whether terms of the Deed of Settlement are properly characterised as “conditions precedent”
4. › language of the relevant clause demonstrates clear intention not to restrict enforceability of agreement in the event that obligations contained therein are not complied with

Citation[2023] NSWSC 1153

CourtNSWSC

JurisdictionNew South Wales

The full text is available to signed-in members, including the 2 later cases that cite this judgment.

1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.

Already have an account? Sign in