Application of Chrissie Group Pty Ltd [2022] NSWSC 1711

Supreme Court New South Wales

Medium Neutral Citation: Application of Chrissie Group Pty Ltd [2022] NSWSC 1711 Hearing dates: 8 December 2022 Date of orders: 8 December 2022 Decision date: 08 December 2022 Jurisdiction: Equity Before: Meek J Decision: Orders made for the payment of monies in Court Catchwords: MORTGAGES — Payment in Court — First registered mortgagee sells four properties following default by mortgagor, pays surplus funds into Court and identifies five potential claimants in respect of the funds — Application for payment out by unregistered mortgagee REAL PROPERTY — Registration of interests — Series of lenders lodge caveats in respect of unregistered loan and mortgage interests — Applicant's interest as unregistered mortgagee is 'secured' by lodgement of caveat — Applicant establishes interest is created first in time and lodged in priority to four other potential claimants — Applicant entitled to payment out of entirety of surplus funds PRACTICE — Appearance — Procedure — Representation of company by director — Directors of several potential claimants seek to bind their companies — Uniform Civil Procedure Rules 2005 (NSW) rr 7.1(2) considered Legislation Cited: Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: In the matter of Elegant Swan Pty Ltd (in liquidation) (controllers appointed) [2022] NSWSC 1451 Kathleen Lanphier v Westpac Banking Corporation [2015] NSWSC 292 Residential Housing Corporation v Esber (2011) 80 NSWLR 69; [2011] NSWCA 25 Vasil v Boland [2022] NSWSC 1534 Category: Principal judgment Parties: The Trust Company (PTAL) Ltd (Plaintiff) Chrissie Group Pty Ltd (Applicant on Notice of Motion filed 11 October 2022) Senworth Capital Pty Ltd (First Respondent on Notice of Motion filed 11 October 2022) Fifteen Investments Pty Ltd (Second Respondent on Notice of Motion filed 11 October 2022) Remagen Capital Pty Ltd (Third Respondent on Notice of Motion filed 11 October 2022) iLend Capital Pty Ltd (Fourth Respondent on Notice of Motion filed 11 October 2022) Enfield Developments Pty Ltd as trustee for Enfield Development Trust (Fifth Respondent on Notice of Motion filed 11 October 2022) Representation: Counsel: