Lopez v Pilmer

LOPEZ -v- PILMER [2014] WASC 220

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2014] WASC 220
Case No:	CIV:1642/2014	Heard:	19 JUNE 2014
Coram:	BEECH J	Delivered:	25/06/14
No of pages:	6	Judgment Part:	1 of 1
Result:	Summary judgment granted
Category:	B
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Parties:	GEORGE AUBREY LOPEZ (in his capacity as liquidator of 150 HAY STREET PTY LTD (in liq)) ROBERT CLAYMORE PILMER NATIONAL AUSTRALIA BANK LTD
Catchwords:	Practice and procedure Application for summary judgment Affidavit verifying facts in statement of claim No contradictory evidence No question to be tried
Legislation:	Rules of the Supreme Court 1971 (WA), O 14 r 2, O 14 r 3
Case References:	Cordinup Resorts Pty Ltd v Terana Holdings Pty Ltd (1997) 143 FLR 18

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : LOPEZ -v- PILMER [2014] WASC 220 CORAM : BEECH J HEARD : 19 JUNE 2014 DELIVERED : 25 JUNE 2014 FILE NO/S : CIV 1642 of 2014 BETWEEN : GEORGE AUBREY LOPEZ (in his capacity as liquidator of 150 HAY STREET PTY LTD (in liq))

Plaintiff

AND

ROBERT CLAYMORE PILMER
First Defendant

NATIONAL AUSTRALIA BANK LTD
Second Defendant

Catchwords:

Practice and procedure - Application for summary judgment - Affidavit verifying facts in statement of claim - No contradictory evidence - No question to be tried

Legislation:

Rules of the Supreme Court 1971 (WA), O 14 r 2, O 14 r 3

Result:

Summary judgment granted

Category: B

Representation:

Counsel:

Plaintiff : Mr P T Arns
First Defendant : In person
Second Defendant : No appearance

Solicitors:

Plaintiff : Arns & Associates
First Defendant : In person
Second Defendant : No appearance

Case(s) referred to in judgment(s):

Cordinup Resorts Pty Ltd v Terana Holdings Pty Ltd (1997) 143 FLR 18

BEECH J:

Introduction

1 The plaintiff applies for summary judgment on his claim to be entitled to monies held in a bank account with the second defendant (the Bank) in the name of the first defendant. For the reasons that follow, I would grant summary judgment in favour of the plaintiff.

The Liquidator's claim

2 The plaintiff pleads as follows:

(a) the plaintiff (the Liquidator) was appointed liquidator of the affairs of 150 Hay Street Pty Ltd (150 Hay Street) on 29 June 2010;

(b) 150 Hay Street was the registered owner of a 2008 Mercedes sedan motor vehicle with identified registration (the Mercedes);

(c) the Mercedes was insured against loss and damage with Allianz Australia Insurance (Allianz), pursuant to an identified policy (the Insurance Policy);

(d) the Mercedes was damaged in an accident on or about 23 December 2011 and deemed a total loss by Allianz;

(e) Allianz agreed to pay out under the Insurance Policy the insured value of $104,325.00 (the Insurance Proceeds);

(f) the named holder of the Insurance Policy was Westbury Management Services Pty Ltd (Westbury), but 150 Hay Street was beneficially entitled to the Insurance Proceeds as the owner of the Mercedes and thus the owner of the insurable risk;