Supreme Court
New South Wales
Medium Neutral Citation: TAFE Commission v Cordoba [2020] NSWSC 1377 Hearing dates: 9 October 2020 Date of orders: 9 October 2020 Decision date: 09 October 2020 Jurisdiction: Common Law Before: Walton J Decision: The Court grants the relief sought on the notice of motion filed 31 August 2020 and makes consent orders.
Catchwords: PROCEDURE – Supreme Court procedure – funds in court – order funds to be paid out – proposed second defendant joined to proceedings – orders
Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited: Brereton v Edwards (1888) 21 QBD 488
Falcone v Mentyn(No 2) (2004) 13 Tas R 384; [2004] TASSC 156
JKB Holdings Pty Ltd v De La Vega [2013] NSWSC 501
Kinsela; Ex parte Butterell (1984) 53 ALR 557
Re Commonwealth Bank of Australia [2009] NSWSC 81
Category: Principal judgment Parties: TAFE Commission (Plaintiff)
Ronald David Cordoba (First defendant)Representation: Counsel:
Solicitors:
M Bennett (Plaintiff)
Crown Solicitor’s Office (NSW) (Plaintiff)
File Number(s): 2015/2649867
reasons for Judgment
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HIS HONOUR: By Notice of Motion filed 31 August 2020, the TAFE Commission (“the applicant”) seeks an order that:
it be entitled to $339,898.36 by way of:
declaration that it is absolutely entitled to the $1,386.00 paid to it by the Mortgagee on sale of certain property; and
payment to it of $338,512.36 out of the $458,410.73 held in Court (“the funds”) in satisfaction of a judgment debt owed it by the first defendant, Ronald Cordoba; and
the proposed second defendant, Tia Cordoba, be paid the balance of the funds, being $119,898.37.
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The first defendant and proposed second defendant are husband and wife. Both consent to the relief sought, that consent is support by the following:
the proposed second defendant entered a Deed of Settlement to that effect;
the first defendant has filed a submitting appearance; and
the proposed second defendant has signed consent order consenting to the relief sought (“the consent order”), which are before the Court.
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There is, therefore, no party resisting the orders the applicant seeks.
Background
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Two affidavits of Ms Betty Sarkinssian, solicitor for the plaintiff, were read in support of the notice of motion, sworn 10 September 2019 (“the 2019 Affidavit”) and the 31 August 2020 (“the 2020 Affidavit”), respectively. Those affidavits set out the background to this application, to which I now turn.
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The first defendant defrauded the applicant of approximately $1.2 million. This Court gave judgment in the applicant’s favour against the first defendant on 12 October 2016. The Court awarded judgment of $1,234,715.50, pre-judgement interest of $204,892.46 and costs.
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Freezing orders over the first defendant’s property have been in place since 9 September 2015. They have the effect of freezing two properties the first defendant and the proposed second defendant owned jointly:
32 Keighran Mill Drive, Blair Athol (“the Blair Athol Property”); and
5 Pembroke Parade, Wilton (“the Wilton Property”).
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Both of those properties were mortgaged to Commonwealth Bank of Australia Ltd (“CBA”). By agreement with the applicant (who had the benefit of…
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- AGLC
- TAFE Commission v Cordoba [2020] NSWSC 1377
- Case
- [2020] NSWSC 1377
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Orders
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