An Application by the Council of the City of Sydney (No. 4)

The City of Sydney Council sought an order that its costs from a proceeding to enforce a parking space lease be deducted from money paid into court following the sale of the parking space. The applicant company had been deregistered prior to the sale. Persons interested in the deregistered company sought the release of the money paid into court to them, and foreshadowed cross-claims against the Council. The central legal issues were whether the Council was entitled to deduct its costs from the money paid into court and who was entitled to receive the funds. The court considered the relevant statutory and procedural provisions and held that the Council was not entitled to deduct its costs from the money paid into court, as the company was not a party to the proceedings and had no liability to pay costs. The court further held that the persons interested in the deregistered company were entitled to receive the funds, as they were the beneficial owners of the car parking space. The court made orders that the Council’s motion for the deduction of its costs from the money paid into court be dismissed and that the persons interested in the deregistered company’s motion for the release of the funds be granted.