NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Liv Style Group Pty Ltd v Eternity Fortune Group Pty Ltd [2021] NSWSC 1398 Hearing dates: 28 October 2021 Date of orders: 28 October 2021 Decision date: 28 October 2021 Jurisdiction: Equity Before: Henry J Decision: Orders for judicial sale and vacant possession of property made. See [31]. Catchwords: LAND LAW – Mortgages – where second unregistered mortgage granted by guarantor to secure loan debt owed to plaintiff – where property subject to first registered mortgage and subsequent caveat – where guarantor currently located in China offered to repay but did not participate in proceedings – where unclear whether third party occupies property – whether orders for judicial sale and ancillary orders for possession appropriate Legislation Cited: Nil Cases Cited: Abdallah v Baygan [2019] NSWSC 1507 Boutros v Nationwide Capital Pty Limited [2013] NSWCA 246 Morris Finance Ltd v Free [2017] NSWSC 1417 Thorn (as executrix of the Estate of the late McAuley) v Boyd [2016] NSWSC 1344 Texts Cited: Nil Category: Principal judgment Parties: Liv Style Group Pty Ltd (Plaintiff)
Eternity Fortune Group Pty Ltd (First Defendant) Zihuan Qin (Second Defendant) Tung Shing Tong (Third Defendant) Bank of China (Australia) Ltd (Fourth Defendant) Representation: Counsel: V Bedrossian SC (Plaintiff)
Solicitors: Kydon Segal Lawyers (Plaintiff) Piper Alderman (Fourth Defendant) File Number(s): 2020/178356 Publication restriction: Nil
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