Bank of China v Guo [2007] NSWSC 1337

In this case the Bank China (the lender) was owed $5,856,828 by Mr Guo (the borrower). Pursuant to a deed between the parties mortgage was to be executed by a Registrar of the Supreme Court of NSW. In the event it was executed by Miss Joanne Ineke Gray, a deputy registrar of the Court. Seizing on this technicality the borrower argued the mortgage had no force. The lender argued that a Deputy Registrar was a Registrar and in any case once the mortgage was registered indefeasibility of title cured any defects. The Court held concluded that the defence was so clearly untenable that it could not succeed: and struck out the defence in its entirety and entered summary judgement.

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