Priorities

Westpac v Adelaide Bank [2005] NSWSC 517

Westpac, who held a second (unregistered) mortgage over the land, claimed priority over a first mortgage held by Adelaide Bank, to secure an advance of $233,195 and interest. Alternatively Westpac claimed to be subrogated to the first mortgagee’s rights over the land. Westpac refinanced a loan from Adelaide Bank in the sum of $233,195 and …

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70 Pitt Street Sydney v McGurk [2004] NSWSC 413

The summons in the case sought an order pursuant to section 74MA of the Real Property Act 1900 that a caveat be removed. The plaintiff was the registered proprietor of some strata properties. The plaintiff and the defendant had agreed to be involved in a venture for the development of the land including its subdivision …

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Dean-Willcocks v Nothintoohard [2005] NSWSC 357

A receiver was appointed by the holder of a mortgage debenture over the assets of the first defendant. The lender was first registered mortgagee who exercised a power of sale in respect of the land secured by the mortgage. The proceeds of sale were placed into a controlled money account pending the resolution of the …

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Heggies Bulkhaul v Shirlaw [2004] NSWSC 805

This was a notice of motion seeking a declaration that the Plaintiff was entitled to have the Plaintiff’s Lease registered in priority to the mortgage between Global Minerals Australia Pty Limited as borrower and Ostabridge Pty Ltd (in Liquidation) (Receiver and Manager Appointed) and Kevin Richard Shirlaw as lenders. Two issues were in contention. One …

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Business Australia Capital Mortgage v Randwick Nominees [2004] NSWSC 643

This was an application under s 74K of the Real Property Act 1900 to extend the operation of a caveat. The caveat was lodged by the plaintiff against the title of the registered proprietor, which was the first defendant. The second defendant was the first lender. The second defendant had marketed the property, but there …

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Rahnam Investments v Esplin [2004] NSWSC 529

Zolstat, a company controlled by Mr Oayda, developed a residential flat building which became the subject of a strata subdivision. The defendants were solicitors practising under the name “Esplins”. They were retained by Zolstat to act for it upon sales of the units as and when buyers were found. There were, at the relevant times …

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Pelenoy v Donovan Oates Hannaford Mortgage Corp [2004] NSWSC 4

These proceedings concerned competing claims to a sum of $385k paid into court by the first defendant. Those moneys were the balance of the proceeds of the sale of a property effected by the first defendant as lender. The property was held under the provisions of the Real Property Act 1900. The first defendant held …

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