Federal Court of Australia
fm t . / ; JUDSMENT No. 182 72S ~- o
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G344 of 1988 GENERAL DIVISION )
BETWEEN: R.J. WOOD PTY. LIMITED
First Applicant
KNIGHTWOOD CASH ''N' CARRY WHOLESALERS PTY. LIMITED
Second Applicant
A.S. KNIGHT & CO. PTY. LIMITED SS
Third Applicant
BEALE & JACOBS PTY. LIMITED
Fourth Applicant
RODGER & LLOYD PTY. LTD.
Fifth Applicant
ANTHONY GARDINER SHERLOCK and ERNEST GEORGE HARRIS
First Respondents
i
ERNEST GEORGE HARRIS and WILLI JOSEPH WILDE
Second Respondents
AUSTRALIAN GUARANTEE CORPORATION LIMITED
Third Respondent AGC (ADVANCES) LIMITED Fourth Respondent
DESMOND STIRLING
Fifth Respondent
CORAM: Davies J. DATE: 18 March 1988 PLACE: Sydney
MINUTES OF ORDER
THE COURT ANSWERS the questions set aside for separate
determination pursuant to Order 29 Rule 2 of the Federal Court
Rules as follows:-
Question 1:
Answer:
Question 2.
Answer:
Whether the purported appointments on 1 March 1988 of the first and second respondents as receivers and managers of the first to fourth applicants is invalid by reason of the said appointments purporting to be joint and several.
Yes.
Whether on a true construction of the mortgage debenture dated 18 September 1986, compliance with the provisions of Section 111 of the Conveyancing Act (NSW) 1919 have been dispensed with for non-monetary default.
No.
THE COURT ORDERS THAT:-
NOTE:
The respondent should pay the costs of and incidental to the above two separate questions.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
BETWEEN
ig
No. G344 of 1988
R.J. WOOD PTY. LIMITED
First Applicant
KNIGHTWOOD CASH ''N' CARRY WHOLESALERS PTY. LIMITED
Second Applicant
A.S. KNIGHT & CO. PTY. LIMITED
Third Applicant
BEALE & JACOBS PTY. LIMITED
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