Federal Court of Australia
JUDGMENT No. wct26..9 24
CATCHWORDS
PROPERTY - loans - mortgages - repayment of loans - letter of priority - arrangement as between mortgagees not affecting mortgagors' obligations to
mortgagees - alleged failures in attestation and material alterations to mortgages.
CHRISTOPHER ROBIN FISHER and FAY ANNETTE FISHER v. WESTPAC BANKING CORPORATION LTD (ARBN: 007 457 141), GREGORY MUNRO and RURAL ADJUSTMENT AND FINANCE CORPORATION OF WESTERN AUSTRALIA
RURAL ADJUSTMENT AND FINANCE CORPORATION __OF WESTERN AUSTRALIA v. CHRISTOPHER ROBIN FISHER and FAY ANNETTE FISHER
NO. WAG 75 OF 1983
FRENCH J. PERTH
30 November 1994
A RECEIVED
~2 DEC 1994
FEDERAL COURT OF AUSTRALIA. © dL: PRINCIPAL
REGISTAY Pa
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
BETWEEN:
AND BETWEEN:
JUDGE MAKING ORDER: DATE OF ORDER:
No. WAG 75 of 1983
CHRISTOPHER ROBIN FISHER and FAY ANNETTE FISHER
Applicants WESTPAC BANKING
CORPORATION LTD (ARBN: 007 457 141)
First Respondent GREGORY MUNRO
Second Respondent
RURAL ADJUSTMENT AND FINANCE CORPORATION OF WESTERN AUSTRALIA Third Respondent RURAL ADJUSTMENT AND FINANCE CORPORATION OF WESTERN AUSTRALIA Cross-Claimant
and
CHRISTOPHER ROBIN FISHER and FAY ANNETTE FISHER
Cross-Respondents
MINUTE OF ORDER
FRENCH J.
30 November 1994
PERTH
THE COURT ORDERS THAT: 1. The cross-claimant have possession of the cross-respondents land being:
(a) Portion of Oldfield Location 628 and being the whole of the land comprised in Certificate of Title Volume 1848 Folio 968;
(b) Portion of Oldfield Location 638 and being the balance of the land comprised in Certificate of Title Volume 1848 Folio 552.
There be judgment for the cross-claimant against the cross-respondents
in the amount of $104,606 inclusive of pre-judgment interest.
The cross-respondents pay the cross-claimant's costs of the cross-claim.
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