Express Finance Solutions Pty Ltd v Sandra Rose Richards and Earl Norman Richards

[2010] QDC 523

[2010] QDC 523

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 2345 of 2010

EXPRESS FINANCE SOLUTIONS PTY LTD ACN 108 481 616	Plaintiff
and
SANDRA ROSE RICHARDS and EARL NORMAN RICHARDS	Defendants

BRISBANE

..DATE 29/11/2010

ORDER

CATCHWORDS
Order for payment out of moneys in court - authorised electronic transfer if possible and acceptable to the Registrar

HIS HONOUR:  Now this is an application by the plaintiff represented by Mr Moore as a direct brief to appear this morning although the plaintiff has been self-represented and prepared its own documents for the purposes of the proceeding.  The point of today's application is to have moneys that are in court paid out to the plaintiff.

The plaintiff's preference is to have that achieved by electronic funds transfer.  The order this court makes in terms of the initialled draft contemplates that possibility which is included, without any idea whether or not it's possible for the Registry to proceed in any way. A more conventional alternative is offered of paying by cheque to be posted to the plaintiff at its post office box which is indicated in the footer of the draft order.

The moneys are in court pursuant to Judge Reid's order of the 3rd of September 2010.  That order was made on the basis of the case presented by the plaintiff that its security interest in certain property was jeopardised by an imminent or actual sale in circumstances of some being intimation to Mr Grant, the plaintiff's principal, that its interest might be defeated.

Exhibit 20 on the court file is an affidavit of Mr Bartels, a solicitor acting for the respondents, who were notified of today's hearing but haven't appeared.  It confirms that the sale occurred, that Mr Bartels' firm acted and has, in

compliance with Judge Reid's order, made the net proceeds of sale available to the court.  The amount is $10,732.92.

A perusal of Mr Bartels' affidavit coupled with the absence of the respondents this morning gives the court some comfort in making the order sought.

I might note that there's some untidiness in the documentation that the plaintiff has prepared but nothing seems to turn on that.

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