Supreme Court
New South Wales
Medium Neutral Citation: RHG Mortgage Corporation Limited v Polino (No 2) [2014] NSWSC 765 Hearing dates: In chambers Decision date: 10 June 2014 Jurisdiction: Common Law Before: Schmidt J Decision: The sum of $39,249 paid into Court by the plaintiff be paid to Mrs Polino.
Catchwords: PROCEDURE - order seeking payment of sum paid into court to defendant - order made Category: Procedural and other rulings Parties: RHG Mortgage Corporation Limited (Plaintiff)
Joanne Polino (Defendant)Representation: Solicitors:
Mrs J Polino, unrepresented (Defendant)
File Number(s): 2014/126400 Publication restriction: None
Judgment
On 23 May 2014, I dealt with a motion filed by Mrs Joanne Polino, seeking payment to her of a sum of $39,249 paid into Court by the plaintiff (see RHG Mortgage Corporation Limited v Polino [2014] NSWSC 699).
The only other person with an apparent interest in that sum was her former husband, Mr Roland Polino. On 23 May, I indicated that orders would be made that the sum be paid to Mrs Polino, if Mr Polino did not take steps before 6 June to have the proceedings relisted, in order to pursue any claim to payment of the sum to him, which he wished to advance.
Mr Polino has taken no steps to pursue payment of the sum to him, either before the proceedings were commenced, or afterwards. He has not appeared in the proceedings to oppose the order sought by Mrs Polino, despite service upon him of the plaintiff's application, Mrs Polino's motion, her discussions with him deposed to in her supporting affidavit and the text messages annexed to that affidavit, and the orders made on 23 May.
On 30 May, Mrs Polino filed an affidavit evidencing service on Mr Polino of the orders made on 23 May. He having taken no steps to pursue any claim for payment of the sum paid into Court and not entering an appearance to oppose the orders which Mrs Polino sought, I am satisfied that, as foreshadowed in the judgment given on 23 May, I should now order that:
The sum of $39,249 paid into Court by the plaintiff be paid to Mrs Polino.
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- AGLC
- RHG Mortgage Corporation Limited v Polino (No 2) [2014] NSWSC 765
- Case
- [2014] NSWSC 765
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the sum paid into court should be released to the plaintiff or if it should be retained for further proceedings. The central legal issue was whether the plaintiff had established a sufficient basis for the retention of the funds by the court, and whether the defendant had any valid claims that would entitle them to the funds.
In delivering the judgment, the court found that the plaintiff had adequately demonstrated the basis for the retention of the funds, as they had provided a clear explanation of their entitlement to the money. The court considered the submissions made by both parties and examined the relevant legal principles. After careful deliberation, the court concluded that the plaintiff was entitled to the release of the funds, as the defendant had not presented any compelling arguments to challenge the plaintiff's claim.
Accordingly, the court ordered that the sum paid into court by the plaintiff be released to them. This decision provided clarity for the parties involved and resolved the immediate dispute over the retention of the funds.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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