RHG Mortgage Corporation Limited v Polino (No 2)

Judgment

1. [1]

   On 23 May 2014, I dealt with a motion filed by Mrs Joanne Polino, seeking payment to her of a sum of $39,249 paid into Court by the plaintiff (see RHG Mortgage Corporation Limited v Polino [2014] NSWSC 699).

2. [2]

   The only other person with an apparent interest in that sum was her former husband, Mr Roland Polino. On 23 May, I indicated that orders would be made that the sum be paid to Mrs Polino, if Mr Polino did not take steps before 6 June to have the proceedings relisted, in order to pursue any claim to payment of the sum to him, which he wished to advance.

3. [3]

   Mr Polino has taken no steps to pursue payment of the sum to him, either before the proceedings were commenced, or afterwards. He has not appeared in the proceedings to oppose the order sought by Mrs Polino, despite service upon him of the plaintiff's application, Mrs Polino's motion, her discussions with him deposed to in her supporting affidavit and the text messages annexed to that affidavit, and the orders made on 23 May.

4. [4]

   On 30 May, Mrs Polino filed an affidavit evidencing service on Mr Polino of the orders made on 23 May. He having taken no steps to pursue any claim for payment of the sum paid into Court and not entering an appearance to oppose the orders which Mrs Polino sought, I am satisfied that, as foreshadowed in the judgment given on 23 May, I should now order that: The sum of $39,249 paid into Court by the plaintiff be paid to Mrs Polino.