ANZ v Maunder [2009] NSWSC 1356

In this matter, the ANZ, exercising its power of sale under a mortgage, sold a property belonging to a man and a woman. There was a surplus of $78,493.09 the bank, pursuant to the Trustee Act 1925 (NSW) paid that sum into court. Neither of the borrowers came to claim it. Then one day one of them went bankrupt and her trustee in bankruptcy approached the court seeking half the money to be paid to her estate. The court gave the order.

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