NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: ACN 103 830 333 (formerly S.J. Holdings (Aust) Pty Ltd) v Property Options 1 Pty Ltd [2023] NSWSC 938 Hearing dates: 3-4 April 2023 Decision date: 11 August 2023 Jurisdiction: Equity Before: Robb J Decision: See [96] – [102] Catchwords: MORTGAGES AND SECURITIES — mortgages — duties, rights and remedies of mortgagee — where mortgaged properties have been sold CONTRACTS — remedies — liquidated damages — debt — where properties subject to mortgage have been sold and appropriate remedy is balance due under the deed of loan LAND LAW — conveyancing — agreement to create or dispose of interest in land — oral agreement found in respect of one property and not in respect of the other Legislation Cited: Conveyancing Act 1919 (NSW), ss 23C, 54A Real Property Act 1900 (NSW), s 74O Cases Cited: Pipikos v Trayans (2018) 265 CLR 522; [2018] HCA 39 Texts Cited: Heydon JD, Heydon on Contract (2019, LawBook Company) Category: Principal judgment Parties: ACN 103 830 333 Pty Ltd (formerly S.J. Holdings (Aust) Pty Ltd) (First Plaintiff)Sam Agostino (Second Plaintiff) Jacqueline Pearce (Third Plaintiff) Property Options 1 Pty Ltd (First Defendant) Lora Taha (Second Defendant) Representation: Counsel: P Barham (Plaintiffs) L Taha (Defendant in Person)
Solicitors: VL Macri Lawyers (Plaintiffs) File Number(s): 2019/326604 Publication restriction: Nil
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