The Court ordered payment out of funds held in court from the sale of a bankrupt's property where the only two parties asserting competing proprietary interests had settled their priority dispute by deed, agreeing to share the balance after payment of the trustee in bankruptcy's expenses. The Court applied the three-step framework from CBA v Slieman, requiring identification of the primarily entitled person, proof of a proprietary (not merely unsecured creditor) interest in the fund, and notification of all potential claimants. No substantive priority determination was required given the parties' agreement.
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