Kadoo Pty Ltd & Anor v Tricontinental Corporation Ltd & Ors [1987] FCA 562

" "JUDGMENT No. 52) 871.

CATCHWORODS

MORTGAGES - sale by encumbrancee - claim for reconveyance by beneficiary of trust - trustee the encumbrancer - allegations of fraudulently misleading Registrar as to existence of power of sale - no specific allegations implicating purchasers from encumbrancee - claim against purchasers dismissed - claim for relief against encumbrancee allowed to proceed.

Kadoo Pty. Ltd. & Anor.

v. Tricontinental Corporation Limited & Ors. Qld G124 of 1987

PINCUS J. BRISBANE 18 SEPTEMBER 1987

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G124 of 1987 GENERAL DIVISION )

BETWEEN: KADOO PTY. LTD. First Applicant

AND: BARRANBALI PTY. LID. Second Applicant

AND: TRICONTINENTAL CORPORATION LIMITED First Respondent

AND: HARFERN PTY. LTD. Second Respondent

AND: KALEGO PTY. LTD. Third Respondent

AND: ROBERT GOLDSTEIN Fourth Respondent

AND: FRANK GOLDSTEIN Fifth Respondent

AND: IAN KENNETH D'ARCY

Sixth Respondent

AND: ROBERT HARDROSS RUDKIN Seventh Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 18 SEPTEMBER 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application be dismissed as against the 2nd, 3rd, 4th and 5th respondents.

2. The applicants have leave to deliver an amended statement of claim against the lst respondent to be filed and served on or before 2 October 1987.

3. The applicants pay the costs of the application of the 2nd, 3rd, 4th and 5th respondents, to be taxed.

NOTE:

The costs of the application to strike out incurred by the lst respondent be taxed and paid by the applicants.

The application for security for costs made by the lst respondent be dismissed, the director of the applicant, Mr. J.W. Quinn, a solicitor, having given an undertaking to the Court.

Costs of the application for security be the lst respondent's costs in the proceedings.