The Court ordered payment out of funds held in court to Penrith City Council, being the net surplus from a mortgagee sale of property purchased with embezzled funds, on the basis that a thief holds stolen property on constructive trust for the victim and the Council was the sole beneficial claimant. The Court also made a deemed service order under UCPR r 10.14 where documents had been emailed to the respondent's solicitors on a date when they still held instructions, notwithstanding the solicitors subsequently closed the file.
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