Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Danthanarayana v GR8 Constructions Pty Ltd [2012] FCA 231 Citation: Danthanarayana v GR8 Constructions Pty Ltd [2012] FCA 231
Parties: WAJI DANTHANARAYANA and MARIA DANTHANARAYANA v GR8 CONSTRUCTIONS PTY LTD, GRANT WILSON, ROBERT PETROVIC and KENYON HOPKINS; GR8 CONSTRUCTIONS PTY LIMITED, GRANT WILSON and ROBERT PETROVIC v WAJI DANTHANARAYANA and MARIA DANTHANARAYANA
File number: ACD 35 of 2011
Judge: FOSTER J
Date of judgment: 15 March 2012
Catchwords: PRACTICE AND PROCEDURE – whether the registered proprietors of Torrens title land in the A.C.T. should be released from an interlocutory undertaking given to the Court not to sell, transfer, deal in or encumber that property pending the final determination of certain proceedings brought by those proprietors against the original builder who had been retained to construct a dwelling on the said land in order to enable those proprietors to obtain further funds to complete and to rectify building works on that land – relevant principles discussed
Legislation: Land Titles Act 1925 (A.C.T.), Pt 10, Div 10.4, s 107(2)(a), s 107C
Cases cited: Cadorange Pty Ltd (In Liq) v Tanga Holdings Pty Ltd (1990) 20 NSWLR 26 cited McCosker v Lovett (1995) 12 BCL 146 cited Pivotel Satellite Pty Ltd v Optus Mobile Pty Ltd [2011] FCA 121 cited Swiss Bank Corporation v Lloyds Bank Ltd [1982] AC 584 cited Sykes and Walker, The Law of Securities (5th ed, 1993) cited Fisher and Lightwood's Law of Mortgage (2nd Australian ed, 2005) cited
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