Addison v City Mutual Life Assurance Society Limited [1933] HCA 22

H.C. or A, Mortgage—Priority of encumbrances—Lien and mortgages—Declaration by High

1933. Ww Sybex,

April 20; May 4.

Rich, Starke, Dixon, Evatt and MeTiernan

Jd.

THE CITY MUTUAL LIFE ASSURANCE }

HIGH COURT

[HIGH COURT OF AUSTRALIA.]

ADDISON AND ANOTHER % sg APPELLANTS ;

PLaInTIFFs,

SOCIETY LIMITED AND ANOTHER J RESPONDENTS.

Derrenpants,

ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.

Court that mortgages invalid as securities Cause remitted to Supreme Cour Supreme Court's order thereunder not perfected—Validity of mortgages establishe by subsequent amending statute—Rights acquired under judgments preserved Vacation of unperfected order—Consequential relief—Form of relief —Amendii slatute—Bffect—Liquor Act 1912-1926 (Q.) (3 Geo. V. No. 29—17 Geo.V. No.3 sec. 69—Liquor Acts Amendment Act 1932 (Q.) (23 Geo. V. No. 2), secs. 2, 3.

On 30th May 1932 the High Court declared in Addison v. Cain, (1932) 47 C.L.R. 208, that certain mortgages, which, otherwise, would have ta priority over a lien claimed by the appellants, were contrary to the provisions of sec. 69 of the Liquor Act 1912-1926 (Q.), and, therefore, were invalid a! securities over certain lands constituting licensed premises, and remit the cause to the Supreme Court. On 4th July a Judge of the Suprem

mortgagor to execute forthwith all documents necessary to free the from the mortgages. Before this judgment was perfected, amending lation, on 2nd September 1932, retrospectively repealed sec. 69 and establi the validity of all securities given contrary to its provisions, but by proviso the rights of any parties to judgments given prior to Ist August

49 C.L.R.] OF AUSTRALIA.

1932, and the rights of parties on appeal from such judgments, were preserved. As compliance with the order of 4th July would result in the mortgages being discharged for all purposes, for the benefit of strangers as well as parties to the suit, the mortgagee applied to the Judge to reconsider his judgment,