Regreen 2000 v Stephenson [2006] NSWSC 1313

This involved a property which was sold by a mortgagee exercising power of sale. After the sale various caveats were lodged against the title by parties associated with the old borrower (the former owner).

In these proceedings the new owner sought declaratory relief that the caveators had no interest in the property and a permanent injunction upon them placing new caveats on title. The court noted that after the sale of the property by the mortgagee, no proceedings had been brought to set aside the sale and therefore the defendants had no claim in the property and accordingly the relief sought was granted.

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