Federal Court of Australia
t sa
——"
CATCHWORDS
BILLS OF SALE - crop lien - valuable leaves on trees on mortgaged
land - whether registration of security as crop lien necessary. LANDLORD AND TENANT - emblements - whether right given by
attornment clause in mortgage - scope of right - when lost.
Bilis of Sale and Other Instruments Act 1955-1986 (Q.), ss.6(1), 6(3), 31, 32
Official Trustee in Bankruptcy
v. Westpac Banking Corporation Limited Qld G114 of 1987
PINCUS J. BRISBANE 3 NOVEMBER 1987
= ANOV $987
AusTaAsa FA
PAING 241, 1arPy
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G114 of 1987 GENERAL DIVISION )
BETWEEN: OFFICIAL TRUSTEE IN BANKRUPTCY
Applicant
AND: WESTPAC BANKING CORPORATION LIMITED
Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 3 NOVEMBER 1987 WHERE MADE: BRISBANE THE COURT DECLARES THAT: 1. The respondent as mortgagee is entitled to security
over the crop of dubosia leaves on the land the subject of these proceedings and the applicant has no right to remove or sell the same.
THE COURT ORDERS THAT: 1. The application is otherwise dismissed;
2. The applicant pay the respondent's costs of and incidental to the application to be taxed. i
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G114 of 1987 GENERAL DIVISION ) BETWEEN: OFFICIAL TRUSTEE IN BANKRUPTCY
Applicant
AND: WESTPAC BANKING CORPORATION LIMITED
Respondent
PINCUS J. 3 NOVEMBER 1987
REASONS FOR JUDGMENT
This is a dispute between the Official Trustee and a bank about entitlement to agricultural produce growing on
mortgaged land.
Some reference to the procedural history of the case is necessary. The applicant, the Official Trustee, applied for an injunction against the respondent bank to protect his interest in a crop of leaves growing on trees on the mortgaged property. He was successful in obtaining an interim injunction, and then an injunction until trial. The respondent recently came before me in an interlocutory way seeking a discharge of the injunction on grounds which did not appear very substantial. During the course of argument, it emerged that the point at issue between the
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